Houlahan v. Freeman Wall Aiello

15 F. Supp. 3d 77, 2014 WL 545922, 2014 U.S. Dist. LEXIS 17478
CourtDistrict Court, District of Columbia
DecidedFebruary 11, 2014
Docket1:04-CV-1161 (FJS)
StatusPublished
Cited by4 cases

This text of 15 F. Supp. 3d 77 (Houlahan v. Freeman Wall Aiello) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Houlahan v. Freeman Wall Aiello, 15 F. Supp. 3d 77, 2014 WL 545922, 2014 U.S. Dist. LEXIS 17478 (D.D.C. 2014).

Opinion

MEMORANDUM-DECISION AND ORDER

Frederick J. Scullin, Jr., Senior United States District Court Judge

I. INTRODUCTION

Currently before the Court is Defendants James Wall and Freeman Wall Aiel-lo’s motion for summary judgment. See Dkt. No. 160. Plaintiff opposes this motion. See Dkt. No. 160.

II. BACKGROUND

Plaintiff filed this action against, among others, Defendants James Wall and his public relations firm, Freeman Wall Aiello (hereinafter referred to collectively as “Defendant Wall”).1 In his amended complaint, Plaintiff alleged claims of intentional interference with prospective economic advantage, defamation, and abuse of process.2 Plaintiff also sought punitive damages. Only Plaintiffs claim for defamation remains for the Court’s consideration.

Plaintiff is an investigative journalist, who in 2003 began investigating the teen behavior modification industry. Former Defendant World Wide Association of Specialty Programs and Schools (“WWASPS”) [80]*80is an association of teen behavior modification facilities. WWASPS hired Defendant Wall in 2003 to conduct public relations for the association. During the course of his investigation, Plaintiff communicated with Defendant Wall and Ken Kay, then President of WWASPS. In February 2004, WWASPS filed a lawsuit against Plaintiff. Shortly thereafter, Defendant Wall issued a press release on behalf of WWASPS regarding the lawsuit and quoting Mr. Kay. Plaintiffs defamation claim against Defendant Wall arises out of certain e-mail communications that preceded the February 2004 lawsuit and certain statements in the press release.

III. DISCUSSION

A. Summary judgment standard

Under Rule 56 of the Federal Rules of Civil Procedure, summary judgment is appropriate if the “movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). Material facts are facts that “might affect the outcome of the suit under the governing law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). If the movant meets his burden, the party opposing the motion “ ‘may not rely merely on allegations or denials in its own pleading; rather, its response must — by affidavits or as otherwise provided for in [Rule 56) — set out specific facts showing a genuine issue for trial.’ ” Tate v. Dist. of Columbia, 627 F.Sd 904, 908-09 (D.C.Cir.2010) (quoting Fed. R. Civ. P. 56(e)(2) (2008)).

B. Plaintiffs defamation claim

At issue in this case are six statements. Plaintiff claims that four of these statements were included in e-mails and were defamatory. See Amended Complaint at ¶¶ 40-43. Plaintiff alleges that Defendant Wall directed one of these statements to Mr. Tobin Beck, Plaintiffs editor at UPI, and initially directed the other three statements to Plaintiff and then sent them to Mr. Beck.

The three statements that Defendant Wall directed to Plaintiff are as follows:

1. “The fact that you are now purveying your perverse views (torture, abuse, battery, etc.) in personal telephone conversations to parents of children who have contractual relationships with Ivy Ridge/TB could well be an issue for their attorneys to take up.”3
2. “I view this conduct as wholly unethical conduct from a journalistic point of view. Not only that, but what you said to Ms. Boatright [a parent of a student who attended a WWASPS-affiliated school] may well constitute defamation and tortious interference.”
3. “It is clear that your role as a journalist is being eclipsed by your very negative views of WWASPS schools. Contacting a parenting [sic] and ranting forth is well beyond the scope of your duty as a reporter.”

See id. at ¶ 43.

The statement that Defendant Wall published directly to Mr. Beck is as follows:

4. “I definitely feel that the organization I represent [WWASPS] is being targeted and attacked in a vicious and subjective manner.”

See id. at ¶ 4 1.

In addition to these e-mail statements, Plaintiff alleges that the following statements that appeared in a press release [81]*81that Defendant Wall prepared on behalf of his client, WWASPS, after WWASPS filed a lawsuit against Plaintiff, were defamatory.

5. “Mr. Houlahan has gone beyond being a dedicated reporter. He has become what we can only term a destructive and biased force.”
6. “[Mr.] Kay states that he knows of similar instances in which Mr. Houlahan has called parents and alleged falsities.”

See id. at ¶ 47.

In the District of Columbia, a plaintiff who brings a defamation claim must demonstrate

“ ‘(1) that the defendant made a false and defamatory statement concerning the plaintiff; (2) that the defendant published the statement without privilege to a third party; (3) that the defendant’s fault in publishing the statement amounted to at least negligence; and (4) either that the statement was actionable as a matter of law irrespective of special harm or that its publication caused the plaintiff special harm.’ ”

Beeton v. Dist. of Columbia, 779 A.2d 918, 923 (D.C.2001) (quotation omitted). Furthermore, when a public figure sues for defamation, he faces a heightened burden with respect to the fault element. Such a public figure cannot recover for defamation unless he can prove that the defendant published the defamatory falsehoods with actual malice. See Lohrenz v. Donnelly, 350 F.3d 1272, 1283 (D.C.Cir.2003).

This Court has previously held that Plaintiff is a “public figure with respect to the debate on the teen behavior modification industry.” See Dkt. No. 62 at 5 n.4. Therefore, to prevail on his defamation claim, Plaintiff must show, by clear and convincing evidence, that Defendant Wall made his statements with “actual malice.” New York Times Co. v. Sullivan, 376 U.S. 254, 280, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964). “The standard of actual malice is a daunting one.” McFarlane v. Esquire Magazine, 74 F.3d 1296, 1308 (D.C.Cir.1996). To establish actual malice, a plaintiff must show that the defendant either knew that the challenged publication was false or that he “in fact entertained serious doubts as to the truth of his publication.”

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Bluebook (online)
15 F. Supp. 3d 77, 2014 WL 545922, 2014 U.S. Dist. LEXIS 17478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houlahan-v-freeman-wall-aiello-dcd-2014.