Moore v. People for the Ethical Treatment of Animals, Inc.

932 N.E.2d 448, 402 Ill. App. 3d 62
CourtAppellate Court of Illinois
DecidedJune 4, 2010
Docket1-09-0768
StatusPublished
Cited by26 cases

This text of 932 N.E.2d 448 (Moore v. People for the Ethical Treatment of Animals, Inc.) 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
Moore v. People for the Ethical Treatment of Animals, Inc., 932 N.E.2d 448, 402 Ill. App. 3d 62 (Ill. Ct. App. 2010).

Opinion

JUSTICE FITZGERALD SMITH

delivered the opinion of the court:

Plaintiffs Ami Moore and Doggie Do Right-911, Inc. (collectively plaintiffs), alleged in the trial court that defendants People for the Ethical Treatment of Animals, Inc. (PETA), Diane Opresnik, John Keene, and Mary DePaolo (collectively defendants) defamed plaintiffs and placed them in a false light. The trial court dismissed plaintiffs’ first amended complaint with prejudice and denied their motion for leave to file a second amended complaint. Plaintiffs now appeal, arguing that (1) defendants’ statements constituted defamation per se and placed plaintiffs in a false light, 1 and (2) the trial court abused its discretion in denying plaintiffs’ motion for leave to amend. For the following reasons, we affirm.

I. BACKGROUND

Doggie Do Right is a corporation that is in the business of training dogs, boarding dogs, and providing day care for dogs. At all times relevant, it was operated by Moore. On March 27, 2008, plaintiffs filed a first amended complaint against PETA, Opresnik, Keene, and DePaolo. Count I alleged that PETA defamed plaintiffs when it sent out a press release on September 5, 2006, entitled “PETA Demands Jail Time, Psychiatric Intervention if Alleged Chicago Dog Abuser Is Convicted,” and an “Action Alert” on its Web site entitled “Chicago’s Self-Professed ‘Dog Whisperer’ Accused of Electrocuting Dog’s Genitals: Let Your Call for Justice Be Anything but Quiet.” Plaintiffs alleged that both the press release and the action alert named Moore and Doggie Do Right. Count II alleged that PETA placed plaintiffs in a false light.

Count III alleged that Opresnik defamed plaintiffs by making certain statements that were published in the Chicago Reader “on or about April 2, 2007.” The alleged statement was that Moore strapped an electronic collar around the genitals of a bichon frise and shocked the dog such that “[t]he Bichon was literally lifted into the air, that’s how strong the shock was.” Plaintiffs alleged that Opresnik also told Pam Zekman, in an interview which aired on CBS Channel 2 News on or about August 9, 2007, that Moore strapped an electronic collar around the genitals of a bichon frise and shocked the dog such that it “practically lifted off the ground.”

Plaintiffs averred that on September 5, 2006, PETA published a press release, which still appears on the Internet, which stated that “Moore allegedly placed a shock device on one dog’s genitals” and that Moore “reportedly strapped the devices on one dog’s genitals.” The action alert that was published on the Internet that same day, which allegedly remains on the Internet, states that “Moore reportedly strapped the devices on one dog’s genitals.”

Plaintiffs alleged that “on information and belief,” Opresnik made the aforesaid allegations, which were then repeated and published by PETA, and that such allegations were false. Count IV of plaintiffs’ first amended complaint alleged that Opresnik’s statements were false and placed plaintiffs in a false light which would be highly offensive to a reasonable person.

Count V alleged defamation against Keene. Plaintiffs claimed that Keene posted, and continues to post, statements on the Internet calling Moore a “so-called dog trainer.” Keene also posted that citizens had to witness Moore’s “continued acts of cruelty” in handling dogs and that the dogs being trained by Moore prior to her arrest continued to suffer under her “cruel techniques.” Plaintiffs alleged that such statements were false and that Keene therefore defamed plaintiffs. Count VI of the complaint alleged that such false statements placed Moore in a false light and would be highly offensive to a reasonable person.

Count VII of the complaint accused DePaolo of making substantially similar allegations to those that Opresnik allegedly made, which were then published by PETA. Plaintiffs further averred that “on information and belief, Mary DePaolo made substantially similar statements, regarding Moore having a shock collar on a dog’s genitals to others in Moore’s neighborhood at various times within one year of this suit being filed.” Plaintiffs claimed that DePaolo knew such statements were false. Count VIII alleged that such false statements placed Moore in a false light and would be highly offensive to a reasonable person.

On April 29, 2008, PETA was dismissed from the case due to settlement.

On May 16, 2008, Opresnik filed a motion under section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 2006)) to dismiss counts III and IV of plaintiffs’ first amended complaint. Opresnik alleged that the complaint did not specifically identify her allegedly defamatory statements in the body of the complaint. Opresnik noted that her complete published statement in the Chicago Reader appeared as follows:

“Diane Opresnik, a friend of Davis’s, says she saw Moore with the same dog that week. ‘The Bichon was literally lifted into the air, that’s how strong the shock was,’ Opresnik says. ‘I’d never seen someone strap a collar around a dog’s genitals before, and when I confronted her, she said something like, “I’m just making sure this Bichon will never run into the street and get hit by a car. A live Bichon is better than a dead Bichon.” *** It was so disturbing. I still can’t get that sound out of my head.’ ”

Opresnik further alleged that the comments she made on the Channel 2 News segment appeared as follows in the transcript:

“One was around the neck, and then one was around the genitals [indicating on the video the waist/hindquarters of the dog]. She proceeds to go around the entire perimeter of the park zapping the dog every five seconds. The dog practically lifted off the ground. It was extremely disturbing.”

Opresnik claimed that the above statements, taken individually or collectively, did not amount to defamation, defamation per se, or false light.

On September 4, 2008, DePaolo filed a motion to dismiss counts VII and VIII of the first amended complaint pursuant to section 2 — 619 (735 ILCS 5/2 — 619 (West 2006)) and section 2 — 615 (735 ILCS 5/2— 615) (West 2006)). In support of such motion, and pursuant to section 2 — 615, DePaolo alleged that plaintiffs’ complaint had to be dismissed because plaintiffs failed to file their claims for defamation and false light against DePaolo within the one-year statute of limitations.

In the alternative, DePaolo claimed that plaintiffs’ complaint should be dismissed pursuant to section 2 — 615 for failing to properly state a cause of action for defamation or false light. 2

On December 3, 2008, the trial court dismissed with prejudice, pursuant to section 2 — 615, plaintiffs’ defamation action (count III) and false light action (count IV) as to Opresnik. The trial court also dismissed with prejudice, pursuant to section 2 — 615, plaintiffs’ defamation action (count V) and false light action (count VI) against Keene.

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Cite This Page — Counsel Stack

Bluebook (online)
932 N.E.2d 448, 402 Ill. App. 3d 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-people-for-the-ethical-treatment-of-animals-inc-illappct-2010.