From Justice of the Peace Choose Lanny King’s Report and Advice recommending dismissal of plaintiff’s libel declare in Rhodes v. Buccieri, simply adopted right now by Choose Greg Stivers (W.D. Ky.):
Plaintiff claims that the [A & E Court Cam] episode’s assertion that he was dealing with “CHARGES” for an “April 2016 Homicide” was false and defamatory. The assertion was, certainly, false as a result of Plaintiff was charged with one homicide occurring on Could 4, 2016, and two murders occurring on Could 22, 2016…. [But] the assertion was not defamatory. Substantial reality is current if, however a minor inaccuracy, the substance, gist, or sting of the allegedly defamatory assertion stays the identical minus the inaccuracy.
Right here, the substance of the allegedly defamatory assertion is that Plaintiff was charged with committing three murders in 2016. The gist stays justified even when the primary homicide occurred in April versus Could of 2016. In different phrases, the “humiliation, public ridicule, lack of private status” about which Plaintiff complains is as a result of he’s dealing with three homicide expenses, not as a result of Defendants misidentified the date of the primary homicide.