Martin v. State Journal-Register

612 N.E.2d 1357, 244 Ill. App. 3d 955, 184 Ill. Dec. 197, 1993 Ill. App. LEXIS 589
CourtAppellate Court of Illinois
DecidedApril 29, 1993
Docket4-92-0915
StatusPublished
Cited by14 cases

This text of 612 N.E.2d 1357 (Martin v. State Journal-Register) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. State Journal-Register, 612 N.E.2d 1357, 244 Ill. App. 3d 955, 184 Ill. Dec. 197, 1993 Ill. App. LEXIS 589 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE STEIGMANN

delivered the opinion of the court:

In July 1986, plaintiff, Michael E. Martin (an. officer with the Illinois Department of Conservation (DOC)), sued defendants, the State Journal-Register (a Springfield newspaper) and Pam Portado Gibson (a free-lance writer for the State Journal-Register), for libel. Plaintiff’s suit arose out of an article Gibson wrote that accused Martin of abusing his position as a conservation officer. In June 1992, defendants moved for summary judgment under section 2 — 1005 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1991, ch. 110, par. 2—1005), claiming in essence that no genuine issue of material fact existed regarding whether Gibson wrote the article with actual malice as required by New York Times Co. v. Sullivan (1964), 376 U.S. 254, 11 L. Ed. 2d 686, 84 S. Ct. 710. In August 1992, the trial court conducted a hearing on this motion and granted it. Plaintiff appeals from the order granting summary judgment for defendants.

We affirm.

I. Background

During 1986, Gibson wrote a weekly free-lance column on environmental issues for the State Journal-Register, entitled “Wildlife window.” During this time, plaintiff worked as a DOC officer. In January and February 1986, Commonwealth Edison used fenthion to kill an estimated 270,000 starlings at its plant near Lake Sangchris State Park. However, several other wild and domestic animals, including some great horned owls and a mink, died from secondary poisoning when they preyed on the starlings.

Gibson wrote a series of articles about this incident. The fifth article, entitled “Legislation needed to avert another wildlife tragedy,” accused Martin of taking two of the owls that died from fenthion poisoning to a taxidermist for stuffing to add to “his decor.” In pertinent part, the article stated the following:

“But now sources report Conservation Police Officer Mike Martin sent ‘his own owl,’ found dead on New Year’s Eve, to a taxidermist for stuffing for ‘his decor.’ Martin is reported to have sent a second owl to the same taxidermist. A dead mink, found with the first owl, was reportedly ‘trashed.’ Apparently it didn’t fit in with the Martin’s [sic] decor.
The DOC then sent Martin to take statements from the taxidermist and the veterinarians. Now that’s covering your bases or something. The matter takes on more weight when it was left up to me to tell Temple Reynolds [the Director of the DOC Law Enforcement Division, who was on vacation during the fenthion crisis], after five weeks of ‘investigation,’ how long the DOC had really known a secondary wildlife kill was occurring.” (State Journal-Register, Feb. 28, 1986, at 29.)

Although the article did not so state, Martin’s conduct as described in the article arguably constituted the crimes of official misconduct (Ill. Rev. Stat. 1985, ch. 38, par. 33 — 3) and possession of a protected bird of prey without a permit (Ill. Rev. Stat. 1985, ch. 61, pars. 2.4, 3.5). His conduct also would have violated several DOC regulations.

In July 1986, plaintiff sued the State Journal-Register and Gibson, claiming that the following four statements from Gibson’s article libelled him: (1) that plaintiff took the first owl to a taxidermist; (2) that plaintiff sent a second owl to a taxidermist; (3) that plaintiff threw a dead mink in the garbage; and (4) that plaintiff did not faithfully and correctly fulfill his duties as an officer when he interviewed the taxidermist. Plaintiff further alleged that (1) he did not take the owls to a taxidermist, someone else did; (2) he did not throw a mink away; and (3) he “did take statements from the taxidermist and from all persons having contact with the owls in question.” He also alleged that the only time he possessed the owls was when he confiscated them from the taxidermist (pursuant to orders from his supervisor) and brought them to the Springfield DOC office.

In addition, plaintiff claimed that Gibson failed to verify her sources by checking her story with the taxidermist, the people who found the dead owls, the University of Illinois (which tested the dead owls for fenthion poisoning), or plaintiff. Plaintiff alleged that as a result of Gibson’s failure to verify her sources, she knowingly, intentionally, willfully, and maliciously published “false, scandalous and malicious libels concerning Plaintiff *** with the intent to injure Plaintiff’s good name and *** reputation.” In addition to general damages, plaintiff sought $750,000 in punitive damages from Gibson and the State Journal-Register.

In June 1992, defendants moved for summary judgment under section 2 — 1005 of the Code. In support of their motion, defendants attached five affidavits. The first came from James Moak, who served as the Chief of the Wildlife Resources Division of the DOC at the time of the article. His affidavit confirmed the facts regarding the fenthion poisoning and Martin’s connection to the owls. In pertinent part, it stated the following:

“As reported by Pam Portado Gibson in The State Journal-Register, in early 1986 many species of wildlife, and some domestic animals, died in the area of the Commonwealth Edison Plant and the Lake Sangchris State Park. Great horned owls and other protected species of wildlife were killed. *** Pam Portado Gibson investigated and reported this story. I spoke frequently with her in connection with this story. We discussed the importance of recovering sick and dead wildlife to test them as quickly as possible for poisoning ***. We discussed the fact that two great horned owls and a mink had been located at the Norris Hill Taxidermy Shop in Taylorville, that the Department had not been notified of the deaths of these predators, and that these carcasses had not been tested for fenthion poisoning.
*** Prior to publication of the February 28, 1986[,] article[,] Ms. Gibson requested that I explain to her the procedure for handling carcasses of protected species. I explained that there was a formal procedure, even in the absence of the fenthion crises [sic], and that collection permits and tags were required for the collection or transportation of protected species. *** Prior to the publication of the *** article, Ms. Gibson asked me whether the Division of Wildlife Resources had received a request for a permit relating to the two owls which were located at Norris Hill’s Taxidermy Shop ***, and I informed her of my findings that no permits had been applied for or issued which would have allowed for the transportation of the owls. I then subsequently checked almost daily and found that no permit was ever applied for.
*** I investigated this matter at Ms. Gibson’s request. My investigation revealed that Conservation Police Officer Mike Martin had improperly authorized the collection and transfer of the owls to the Norris Hill Taxidermy Shop in Taylorville, to be prepared for decor, at the height of the fenthion crisis. I informed Ms.

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Bluebook (online)
612 N.E.2d 1357, 244 Ill. App. 3d 955, 184 Ill. Dec. 197, 1993 Ill. App. LEXIS 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-state-journal-register-illappct-1993.