Schaefer v. Newton

868 F. Supp. 246, 22 Media L. Rep. (BNA) 2239, 1994 U.S. Dist. LEXIS 19420, 1994 WL 648034
CourtDistrict Court, S.D. Indiana
DecidedJuly 11, 1994
DocketNo. IP 93-614-C
StatusPublished
Cited by2 cases

This text of 868 F. Supp. 246 (Schaefer v. Newton) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schaefer v. Newton, 868 F. Supp. 246, 22 Media L. Rep. (BNA) 2239, 1994 U.S. Dist. LEXIS 19420, 1994 WL 648034 (S.D. Ind. 1994).

Opinion

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT AND ANCILLARY MOTIONS AND DIRECTING ENTRY OF JUDGMENT

STECKLER, District Judge.

This cause is before the Court on the plaintiffs complaint and on the defendants’ answer. Both the plaintiff and defendants seek the entry of summary judgment and those motions have been fully briefed. The defendants have also filed a motion to strike the evidentiary materials relied on by the plaintiff in opposing the motion for summary judgment. The motion to strike is also fully briefed. The plaintiff has also filed various other motions.

Whereupon the Court, having read and examined the motions for summary judgment, the ancillary motions and the responses to all such motions, and being duly advised, now makes its rulings.

For the purpose of organizing these rulings the Court will first summarize the complaint, identify the parties and the basis for jurisdiction over the claim, analyze the ancillary motions and then discuss the dispositive motions.

I. Introduction

A. Background

Gerard Schaefer is an inmate in a Florida prison serving two (2) concurrent life sentences for the murders of Susan Carole Place and Georgia Jessup. Defendant Michael Newton is the author of a book entitled Hunting Humans: The Encyclopedia of Serial Killers (“the book”). Defendant Avon Books is a division of The Hearst Corporation and published Newton’s book in softcover.

Plaintiff Schaefer seeks compensation for the defamation he claims to have suffered through the defendants’ actions in writing and publishing the book. He was mentioned in this book in an unflattering way. The action, therefore, is for defamation. Jurisdiction is invoked pursuant to the diversity statute, 28 U.S.C. § 1332(a)(1), with Schaefer being a citizen of Florida, Newton a citizen of Indiana and Avon Books a citizen of a state other than Florida. Schaefer seeks an injunction barring further publication and distribution of the book and five million dollars in compensatory and punitive damages from each defendant.

B. Procedural Posture and Pending Motions

Plaintiff Schaefer was granted leave to proceed in forma pauperis in this action. He is proceeding without counsel but has consistently displayed vigor and adeptness in pressing his claims in this action. The defendants have appeared by counsel and have answered the complaint.

The motions which now pend, and which are fully at issue, and the date on which each was filed are the following:

Plaintiffs Motion for Summary Judgment April 6, 1994
Defendants’ Cross Motion for Summary Judgment April 19, 1994
Defendants’ Motion to Strike or Disregard June 15, 1994
Plaintiffs “Objection to Use of Materials” June 24, 1994
Plaintiffs Objection to Raising Issues June 24, 1994

The latter three (3) of these motions are ancillary to the cross motions for summary judgment and must be ruled on before the dispositive motions can be decided.

II. The Ancillary Motions

A. Plaintiff’s Objections to Use of Materials and to Raising Issues

The plaintiff filed two “objections” on June 24, 1994. The content of these objections is, to some extent, related. The Court will address the specifications within these objections rather than treat each document separately.

One point on which Schaefer denounces the defendants’ arguments is that the defendants continue to describe this action as “frivolous.” This warrants only the observation that the defendants have used the term in argument as argument. They are permitted to characterize the plaintiffs claims in this fashion and their doing so is not construed by the Court as a reference to an action which is frivolous within the meaning of 28 U.S.C. § 1915(d), for that question has already been answered.

[249]*249The second element of the Shaefer’s objections is his reply to the defendants’ argument that he did not file a statement of genuine issues of facts — the reply being that since he is proceeding pro se he should not be held to a standard “for which he is not trained or familiar with [sic].” The problem with this reply is that Local Rule 56.1 does exist, that it serves an important purpose and, most important here, that Schaefer was notified by the defendants’ attorney in plain English of the existence and requirements of Local Rule 56.1. There is little doubt of the plaintiffs knowledge of court proceedings in general, of the manner in which to oppose motions and requests of his adversaries and of comprehending through plain English a rule which imposes only a modest burden in this case.1

Yet another theme of the objections is that the defendants are not entitled to prevail in this action. Schaefer asserts that there is no truth in what the defendants have written or published insofar as there is a link between himself and 20 murdered persons. This will be treated as further argument relative to the dispositive motions.

The main thrust of the objections, however, is to attack the defendants’ use of materials which Schaefer claims (1) were ordered sealed by a Florida state court and (2) are used out of context. The materials are asserted to be used in the defendants’ reply to Schaefer’s response to the cross motion for summary judgment. The Court does not readily discern precisely what documents this objection refers to for the simple reason that the defendants’ reply did not include any new documents and the documents of a nonpublic nature which are attached to the objection were not submitted with the defendants’ materials opposing Schaefer’s motion for summary judgment.

The Court surmises that Schaefer’s own letter identified as Exhibit 25 to the “second verified declaration .of Michael D. Newton” is the document (a letter written to Schaefer from Sondra London) to which the objections filed June 24, 1994 refer. Even if this is correct, however, the other document Schaefer attaches in one of those objections, a copy of the Circuit Court for the Eighth Judicial Circuit in Florida in No. 92-2036-CA, merely ordered a brief sealed in that case. That order does not describe the brief or the rationale warranting this action.

More important here -are the facts that the order (1) does not identify whose brief was sealed, (2) shows that of the parties to this action only Schaefer himself was a party to No. 92-2036-CA and (3) neither purported to nor could limit the transmission or use of information in the public arena. If Newton acquired this information in violation of a court order Schaefer, may have a remedy in that forum for the vindication of that order against party(ies) bound by that order. This is not that forum and hence Schaefer can lodge no effective objection to the defendants’ reliance on information obtained from Sondra London.

Thus, Schaefer’s objections filed June 24, 1994 are denied to the extent that they can be construed to seek specific relief other than an outcome favorable to him.

B.

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Bluebook (online)
868 F. Supp. 246, 22 Media L. Rep. (BNA) 2239, 1994 U.S. Dist. LEXIS 19420, 1994 WL 648034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schaefer-v-newton-insd-1994.