Hart v. Carver

CourtDistrict Court, E.D. Kentucky
DecidedSeptember 12, 2025
Docket5:24-cv-00235
StatusUnknown

This text of Hart v. Carver (Hart v. Carver) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hart v. Carver, (E.D. Ky. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION LEXINGTON

KATHRYN HART, et al., ) ) Plaintiffs, ) Civil No. 5:24-cv-00235-GFVT ) v. ) ) MEMORANDUM OPINION WILLIE EDWARD TAYLOR ) & CARVER, JR., ) ORDER ) Defendant. ) *** *** *** *** The Harts allege that Mr. Carver defamed them by publishing false statements about them on X. For the reasons that follow, Mr. Carver’s Motion to Dismiss [R. 43] is GRANTED IN PART and DENIED IN PART. I Plaintiffs Kathryn and Andrew Hart are a married couple residing in Carroll County, Maryland. [R. 42 at 1.] The Harts assert that Defendant Carver, a Kentucky resident, defamed them on X (formerly known as Twitter) by falsely accusing them of infidelity, belonging to a cult, “engaging in sexual relations with three people at th[e] same time, and [] living a homosexual lifestyle.” Id. at 2. The statement at issue was allegedly posted to Ms. Hart’s X page by Defendant Carver. It reads as follows: Just because y’all wanna be in a cult doesn’t mean we have to be in one with you. You can act like Puritan Martyrs [sic] to justify your unresolved shame about your secret lesbian sex threesomes. Just leave the rest of us out of it. Id. Based on this tweet, the Harts bring claims for defamation and invasion of privacy. 1 See generally id. Now, Defendant Carver moves to dismiss the Amended Complaint for failure to state a claim.2 [R. 43.]

II A motion to dismiss pursuant to Rule 12(b)(6) tests the sufficiency of a plaintiff’s complaint. Fed. R. Civ. P. 12(b)(6). In reviewing a Rule 12(b)(6) motion, a court must “construe the complaint in the light most favorable to the plaintiff, accept its allegations as true, and draw all reasonable inferences in favor of the plaintiff.” Directv, Inc. v. Treesh, 487 F.3d

471, 476 (6th Cir. 2007). However, a court “‘need not accept as true legal conclusions or unwarranted factual inferences.’” Id. (quoting Gregory v. Shelby Cnty., 220 F.3d 433, 446 (6th Cir. 2000)). “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). In other words, “[t]he factual allegations, assumed to be true, must do more than create speculation or suspicion of a legally cognizable cause of action; they must show entitlement to relief.” League of United Latin Am. Citizens v. Bredesen, 500 F.3d 523, 527 (6th Cir. 2007) (emphasis in original) (citing Twombly, 550 U.S. at 555).

As a threshold matter, Defendant Carver’s Motion to Dismiss includes facts not alleged in the Amended Complaint, as well as various screenshots of social media postings. [See R. 43.]

1 The Harts initially filed this suit in the United States District Court for the District of Maryland. [R. 1.] Carver moved to dismiss for lack of personal jurisdiction. The Court granted the request and transferred the action to the undersigned on September 3, 2024. [R. 24.] 2 The Harts have additionally moved for the Court to consider their response brief, even though it was filed out of time. [R. 48.] Their counsel explains that, due to misunderstandings between co-counsel and medical problems suffered by both of plaintiff’s attorneys, the filing deadline was overlooked. The Court will grant the request to accept the late filing, and therefore considers Plaintiffs’ response brief. The Harts correctly note that these materials are not properly considered on motion to dismiss review. See Blanch v. Trans Union, LLC, 333 F. Supp. 3d 789, 791 (M.D. Tenn. 2018) (“As a general rule, matters outside the pleadings may not be considered in ruling on a 12(b)(6) motion to dismiss unless the motion is converted to one for summary judgment under Federal Rule of

Civil Procedure 56.”). Though the Court will not consider the miscellaneous social media postings, it will consider the screenshot of the allegedly tortious tweet because it is “incorporated into the complaint by reference and [] central to the plaintiff’s claim.” Id. at 792. A

Before reaching the merits of the Motion, the Court must determine which states’ law applies. After an action is transferred pursuant to 28 U.S.C. § 1406(a), a federal court sitting in diversity applies the transferee court’s choice of law rules. GBJ Corp. v. E. Ohio Paving Co., 139 F.3d 1080, 1084-85 (6th Cir. 1998). Because this action was transferred to the undersigned pursuant to § 1406(a), the Court applies Kentucky’s choice of law rules. Id. Kentucky’s choice of law rules “depend[] upon the classification of a claim as either

sounding in tort or in contract.” Wells Fargo Fin. Leasing, Inc. v. Griffin, 970 F. Supp. 2d 700, 707 (W.D. Ky. 2013). In tort actions, “‘any significant contact with Kentucky is sufficient to allow an application of Kentucky law.’” Mem’l Hall Museum, Inc. v. Cunningham, 455 F. Supp. 3d 347, 358 (W.D. Ky. 2020) (quoting Reichwein v. Jackson Purchase Energy Corp., 397 S.W.3d 413, 416 (Ky. Ct. App. 2012)). Courts assessing whether there are sufficient contacts with Kentucky consider: “(1) the place where the injury occurred; (2) the place where the conduct causing the injury occurred; (3) the domicile, residence or place of business of the parties; and (4) the place where the relationship, if any, between the parties is centered.” Petro v. Jones, No. CIV. 11-151-GFVT, 2013 WL 756756, at *8 (E.D. Ky. Feb. 27, 2013) (citing Restatement (Second) of Conflicts § 145).

Although the alleged injury was felt in Maryland, Defendant Carver swears that he posted the tweet from Kentucky. [R. 24 at 9.] Further, Mr. Carver is a Kentucky resident and employee of the University of Kentucky. [R. 42 at 1.] Admittedly, the fact that the tweet was transmitted over the internet complicates the inquiry into the place where the parties’ relationship centers. Nevertheless, given Mr. Carver’s residency and the fact that the tweet was sent from Kentucky, Kentucky’s “provincial” choice-of-law tendencies counsel in favor of applying its law here. Wallace Hardware Co. v. Abrams, 223 F.3d 382, 391 (6th Cir. 2000).

B Under Kentucky law, a defamation claim is “(a) a false and defamatory statement concerning another; (b) an unprivileged publication to a third party; (c) fault amounting at least to negligence on the part of the publisher; and (d) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication.” Toler v.

Sud-Chemie, Inc., 458 S.W.3d 276, 281–82 (Ky. 2014), as corrected (Apr. 7, 2015). The Harts’ Amended Complaint centers on the following tweet: Just because y’all wanna be in a cult doesn’t mean we have to be in one with you. You can act like Puritan Martyrs [sic] to justify your unresolved shame about your secret lesbian sex threesomes. Just leave the rest of us out of it. It is undisputed that the tweet was sent from Defendant Carver to Plaintiff Kathryn Hart on December 21, 2023. According to the Harts, this tweet contains the following defamatory characterizations of Mr. and Ms.

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Hart v. Carver, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-carver-kyed-2025.