Weaver v. Lancaster Newspapers Inc.

875 A.2d 1093, 33 Media L. Rep. (BNA) 1609, 2005 Pa. Super. 165, 2005 Pa. Super. LEXIS 977
CourtSuperior Court of Pennsylvania
DecidedMay 2, 2005
StatusPublished
Cited by10 cases

This text of 875 A.2d 1093 (Weaver v. Lancaster Newspapers Inc.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weaver v. Lancaster Newspapers Inc., 875 A.2d 1093, 33 Media L. Rep. (BNA) 1609, 2005 Pa. Super. 165, 2005 Pa. Super. LEXIS 977 (Pa. Ct. App. 2005).

Opinions

OPINION BY

STEVENS, J.:

¶ 1 This is an appeal from the order entered in the Court of Common Pleas of Lancaster County granting summary judgment in favor of Appellees Lancaster Newspapers, Inc., Intelligencer Journal, and Oscar Lee Brownstein and dismissing with prejudice Appellant Police Officer Robin Weaver’s claims of defamation. On appeal, Appellant contends the trial court erred in concluding Appellant did not state [1095]*1095a prima facie case for defamation in that he failed to establish that Appellees acted with “actual malice.” We affirm.

¶ 2 The undisputed facts and procedural history are as follows: Appellant is an East Lampeter Township, Lancaster County, Police Officer who investigated the December 20, 1991 brutal murder of sixteen-year-old Laurie Show. On approximately July 20, 1992, Lisa Michelle Lambert was convicted of murdering Ms. Show;1 however, Ms. Lambert subsequently filed a petition for a writ of habeas corpus with the U.S. District Court for the Eastern District of Pennsylvania. On April 28, 1997, in a published opinion, District Court Judge Dalzell granted Ms. Lambert’s petition ordering that she be immediately released and found innocent of murdering Ms. Show. Lambert v. Blackwell, 962 F.Supp. 1521 (E.D.Pa.1997).2 In so doing, Judge Dalzell attacked the credibility, character, and reputation of the entire East Lampeter Township Police Department, including Appellant. Judge Dalzell specifically accused Appellant of fabricating and destroying evidence and likely perjuring himself. During the federal proceedings, Ms. Lambert accused three police officers, including Appellant, of raping her. However, no charges were filed against Appellant in connection with this allegation.

¶ 3 The federal court’s opinion generated extensive media coverage and public commentary. Among such was a letter to the editor authored and sent by Appellee Brownstein to the Intelligencer Journal.3 Assistant Editor Earle D. Cornelius reviewed the letter, and the letter appeared in the newspaper on Monday, June 23, 1997. At issue in this case is the following excerpt from the letter:

Now, here is an unanswered question: How did Officer Robin Weaver — who knew Lambert and Yunkin,4 and who presumably led two other policemen into Lambert’s apartment — know that Lambert would be home alone, that the door to the apartment had been broken by Yunkin in a fit of anger, and that Yunkin would not return while they were allegedly in the apartment raping Lambert at gunpoint? Of course, maybe Lambert just made up the whole story, knowing that five years later Weaver would be arraigned for the sexual abuse of women and children. Sure.

¶ 4 On June 12, 1998, Appellant filed a complaint raising claims of defamation against Appellees. In his complaint, Appellant indicated that he never raped or was charged with raping Ms. Lambert and he was never arraigned for the sexual abuse of women and children. On December 31, 2003, Appellees Lancaster Newspapers, Inc., and the Intelligencer Journal filed a motion for summary judgment alleging that Appellant is a public official and that he failed to prove that the newspaper acted with actual malice in publishing Appellee Brownstein’s letter. On January 2, 2004, Appellee Brownstein filed a motion for summary judgment alleging [1096]*1096Appellant failed to prove, inter alia, that Appellee Brownstein acted with actual malice in authoring/publishing the letter.

¶ 5 Appellant answered the motions for summary judgment, and by order filed February 26, 2004, the trial court granted Appellees’ motions for summary judgment and dismissed Appellant’s complaint with prejudice. Specifically, with regard to the statement that Appellant and other officers allegedly raped Ms. Lambert, the trial court concluded there was no liability because Ms. Lambert’s allegation of rape was of public record. Trial Court Opinion filed 2/26/04 at 3-4 n. 2. With regard to the statement that Appellant was arraigned for the sexual abuse of women and children, the trial court concluded that Appellant failed to demonstrate that Appellees acted with actual malice in authoring/ publishing the letter to the editor. This timely appeal followed, the trial court ordered Appellant to file a statement pursuant to Pa.R.A.P.1925(b), Appellant filed the required statement, and the trial court filed a Pa.R.A.P.1925(a) opinion.

¶ 6 The scope and standard of review governing a motion for summary judgment is well settled.

As with all questions of law, our scope of review of a trial court’s order granting summary judgment is plenary. Our standard of review is the same as that of the trial court; we must view the record in the light most favorable to the non-moving party granting h[im] the benefit of all reasonable inferences and resolving all doubts in h[is] favor. We will reverse the court’s order only where the appellant[... ] demonstrates that the court abused its discretion or committed legal error.
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Pennsylvania Rule of Civil Procedure 1035.2 provides that any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or (2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear .the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to the jury.

Wisniski v. Broum & Brown Ins. Co. of Pa., 852 A.2d 1206, 1211-1212 (2004) (quotations omitted). This Court must apply a three-step test to determine if the trial court has improperly resolved issues of material fact:

Initially, it must be determined whether the plaintiff has alleged facts sufficient to establish a prima facie case. If so, the second step is to determine whether there is any discrepancy as to any facts material to the case. Finally, it must be determined whether, in granting summary judgment, the trial court has usurped improperly the role of the jury by resolving any material issues of fact.

Dudley v. USX Corp., 414 Pa.Super. 160, 606 A.2d 916, 920 (1992), appeal denied, 532 Pa. 663, 616 A.2d 985 (1992).

¶ 7 Appellant raises defamation claims against Appellees. In Pennsylvania, the Uniform Single Publication Act prescribes basic elements of the plaintiffs burden of proof in an action for defamation.5 See 42 [1097]*1097Pa.C.S.A. §§ 8841-8345. Section 8343 provides as follows:

§ 8343. Burden of Proof

(a) Burden of plaintiff.-In an action for defamation, the plaintiff has the burden of proving, when the issue is properly raised:
(1) The defamatory character of the communication.
(2) Its publication by the defendant.

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Weaver v. Lancaster Newspapers Inc.
875 A.2d 1093 (Superior Court of Pennsylvania, 2005)

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Bluebook (online)
875 A.2d 1093, 33 Media L. Rep. (BNA) 1609, 2005 Pa. Super. 165, 2005 Pa. Super. LEXIS 977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weaver-v-lancaster-newspapers-inc-pasuperct-2005.