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Tuesday, April 21, 2009

Ind. Decisions - Appeal withdrawn by Terre Haute Tribune-Star in $1.5 million defamation case

Updating earlier ILB entries, including this most recent one from Nov. 24, 2008, which included this quote from a press release of the Society of Professional Journalists:

On July 25, 2008, an Indiana jury awarded Clay County Deputy Sheriff Jeff Maynard $1.5 million, reasoning the Terre Haute Tribune-Star libeled the officer by printing an article that reported misconduct allegations a woman had made against him. The allegations were later found to be false.
The ILB has learned today that the case, for which a notice of appeal had been filed Nov. 7, 2008:
Case Number: 77 A 01 - 0810 - CV - 00479
TRIBUNE-STAR PUBLISHING CO. INC. V. JEFF MAYNARD
now appears to have settled. A February 12, 2009 entry states:
HAVING REVIEWED THE MATTER, THE COURT FINDS AND ORDERS AS FOLLOWS:
1. APPELLANT'S MOTION TO DISMISS APPEAL IS GRANTED, AND THIS APPEAL IS HEREBY DISMISSED WITH PREJUDICE.
2. THE CLERK OF THIS COURT IS DIRECTED TO CORRECT THE ON-LINE DOCKET TO SHOW THAT TRIBUNE-STAR PUBLISHING COMPANY, INC. IS THE APPELLANT AND THAT JEFF MAYNARD IS THE APPELLEE.
JOHN G. BAKER, CHIEF JUDGE KM
The ILB has not seen information about a settlement elsewhere.

For additional background, see this Sept. 4, 2008 story by William Ketter headlined "Journalists should fear impact of Terre Haute libel verdict," from the CNHI News Service. The long article concluded:

The outcome shocked media law experts. It should also send an immediate chill through the news community because the stories at issue were accurate reports of a sworn citizen’s affidavit claiming police misconduct. And a sworn affidavit is supposed to be libel-proof under First Amendment free press and free speech protections.

There’s no question libel law is complex, and often juries do not understand the actual malice standard that applies to public officials suing for defamation or the types of documents – even when they contain wrong information -- considered privileged from litigation when reported by the press.

That’s why the majority of jury libel judgments are reversed or substantially reduced on appeal.

If that doesn’t happen in this case, the media in Indiana and elsewhere will be forced toward timidity and away from the kind of journalism that holds public officials accountable and exposes wrongdoing.

A Sept. 3, 2008 article in Editor & Publisher concluded:
The lawsuit has energized the Tribune-Star and its Community Newspaper Holdings Inc. (CNHI) owner -- both of whom have been extremely supportive of the newsroom, Editor Jones says -- as well as newspapers from around the state.

This isn’t just a press issue, Bob Zaltsberg told readers of The Herald-Times in Bloomington, Ind., in a column last Sunday.

“Editors and free press advocates are on edge because the verdict could chill citizens from alleging misconduct against public officials, and newspapers from reporting on any such allegations or even criminal investigations,” he wrote. “It could weaken the news media’s duty to be a watchdog over people in powerful positions.”

The Tribune-Star’s Jones said he understands that a case in Terre Haute might stay below the radar of the national, or even Indiana press. “But this (case),” he added, “really has some very interesting subplots that would make editors sort of scratch their heads about what happening.”

And not just in Indiana.

Posted by Marcia Oddi on April 21, 2009 06:27 PM
Posted to Ind. Trial Ct. Decisions