Dumas v. Koebel

2013 WI App 152, 841 N.W.2d 319, 352 Wis. 2d 13, 41 Media L. Rep. (BNA) 2641, 2013 WL 5911461, 2013 Wisc. App. LEXIS 920
CourtCourt of Appeals of Wisconsin
DecidedNovember 5, 2013
DocketNo. 2013AP365
StatusPublished
Cited by4 cases

This text of 2013 WI App 152 (Dumas v. Koebel) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dumas v. Koebel, 2013 WI App 152, 841 N.W.2d 319, 352 Wis. 2d 13, 41 Media L. Rep. (BNA) 2641, 2013 WL 5911461, 2013 Wisc. App. LEXIS 920 (Wis. Ct. App. 2013).

Opinion

CURLEY, EJ.

¶ 1. Melissa Dumas appeals the trial court's grant of summary judgment on the three claims — invasion of privacy, intentional infliction of emotional distress, and intentional interference with a contractual relationship — she alleged against Defendants Robert Koebel and Journal Communications, Inc. Defendants broadcast a news story about Milwaukee Public School (MPS) bus drivers with convictions, in which one of Journal Communications' reporters, Koebel, confronted Dumas, a school bus driver, about a past misdemeanor prostitution conviction. Dumas argues that the trial court erred in limiting discovery before deciding Defendants' summary judgment motion. She also argues that summary judgment on her claims was improper as a matter of law. We conclude that: (1) the trial court properly exercised its discretion in limiting discovery; (2) Dumas' invasion of privacy claim is precluded by Wis. Stat. § 995.50(2)(c) (2011-12)1 because the information in Defendants' broadcast was "available to the public as a matter of public record"; and (3) Dumas' intentional tort claims are precluded by the First Amendment because Defendants' broadcast discussed "a matter of public concern" as defined by Snyder v. Phelps, 131 S. Ct. 1207 (2011). As such, we affirm.

Background

¶ 2. On about April 26, 2012, the TMJ-4 (owned by Journal Communications) investigative reporting team, known as the "I-team," aired a news broadcast concerning MPS bus drivers who had criminal records. In the broadcast, one of the I-team's reporters, Koebel, explained how the team made its "explosive" discover[18]*18ies; pursuant to public records supplied by the school district, the I-team received a list of over one thousand bus drivers working for the ten or so companies hired by the district to provide busing services to school children. After the I-team received the list, it "got to work" looking into the background of "each" driver. "The I-team searched public records, police reports and.. . used mug shots to confirm the identities] of convicted criminalsD turned bus drivers."

¶ 3. While the broadcast never stated exactly how many bus drivers were found to have criminal records, it did highlight the histories of three bus drivers with convictions — one of whom was Dumas. Koebel reported that Dumas had received, eight years earlier, a misdemeanor conviction for prostitution. Koebel revealed salacious details from the police report, including various items that Dumas had brought to a hotel to provide a "good time." Koebel also reported that Dumas had been arrested for "drugs and driving on a suspended license," and that Dumas had been in a school bus accident in 2009 when she worked for a different bus company.

¶ 4. The broadcast featured footage of Koebel confronting Dumas in public with her mug shot and old police reports, and questioning her about her misdemeanor conviction. Dumas, as one might expect, was visibly shocked by Koebel's questioning. The broadcast also showed footage of Koebel sharing information about Dumas' misdemeanor conviction with Dumas' manager at the bus company and of the manager saying that she had no knowledge of the conviction.2

[19]*19¶ 5. In addition, the Defendants' broadcast featured footage of Koebel confronting MPS Director of Business Services, Mike Turza, about the district's failure to "randomly" check bus drivers' backgrounds, in which the following exchange took place:

Rob Koebel: Will the district start randomly checking backgrounds?
Mike Turza: We could do that....
Rob Koebel: Will you do that now?
Mike Turza: We could do that.
Rob Koebel: that now? But you aren't going to commit to
Mike Turza: value to it.... Again, we would commit if there was
Rob Koebel: Ok, the value would be the safety of the children and to hold the bus company accountable[; it] doesn't seem anyone is doing that.
Mike Turza: I don't think that is a fair statement at all.

(Quotation marks omitted.)

¶ 6. In concluding the broadcast, Koebel noted that the I-team "presented all of its findings to MPS and the bus companies," and that Dumas was consequently no longer employed as a bus driver, and another featured driver — the "wrong-way driver carrying a gun" — had "been suspended, pending an investigation." "But," Koebel warned in closing, "there could be many convicted criminals still driving buses. And that's information you, as parents, and as tax payers[,] have the right to know."

¶ 7. After the broadcast aired, Dumas sued Defendants for invasion of privacy, intentional infliction of [20]*20emotional distress, and intentional interference of a contractual relationship. When the complaint was filed, Dumas' counsel also noticed Koebel's deposition.

¶ 8. Defendants filed a motion to dismiss and a motion to stay discovery until after the motion to dismiss was heard. In their motion to dismiss, Defendants argued that Dumas' invasion of privacy claim must be dismissed because the information published about her in the broadcast was a matter of public record. Defendants also argued that Dumas' other tort claims were similarly precluded because they were "entirely premised on the ... report of truthful information about her," and were consequently barred by the First Amendment. In support of the motion, Defendants submitted various exhibits, including a video recording of the broadcast; the "internet version of the news story," which appears to be a transcript of the video; and records relating to Dumas' arrest and driving history.

¶ 9. The trial court held a hearing on Defendants' motions and converted the motion to dismiss to a motion for summary judgment. The trial court then heard argument regarding Defendants' motion to stay discovery. Dumas' attorney explained that he wanted to depose Koebel before the motion was decided, but admitted that he did not know what information would be gleaned from the deposition:

[COUNSEL]: We had filed a notice of deposition to Mr. Koebel with the complaint, which I think is what kind of spurred this whole motion probably to delay things. But we would like to take his deposition. And I don't know where that would lead us. That's the only thing. I don't know what documents he's going to bring....

Counsel for Defendants responded that, because the motion was premised on the fact that Dumas' claims [21]*21were barred by the First Amendment because they were matters of public record, any discovery should be limited to that issue.

¶ 10. The trial court decided that it would allow discovery only "as it relates to whether the information was obtained through public records." It stated that it would not allow any further discovery.

¶ 11. About two months later, the trial court heard oral arguments on Defendants' converted summary judgment motion and granted summary judgment on all Dumas' claims. Dumas now appeals. Additional background information will be developed as necessary.

Analysis

¶ 12. Dumas appeals the trial court's decision to limit discovery and the grant of summary judgment.

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Cite This Page — Counsel Stack

Bluebook (online)
2013 WI App 152, 841 N.W.2d 319, 352 Wis. 2d 13, 41 Media L. Rep. (BNA) 2641, 2013 WL 5911461, 2013 Wisc. App. LEXIS 920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dumas-v-koebel-wisctapp-2013.