ILNews

Paper wants judge to set aside libel verdict

Jennifer Nelson
January 1, 2008
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A Terre Haute newspaper is asking the judge who presided over a libel trial against the paper to set aside the $1.5 million jury verdict. The Tribune-Star Publishing Company Inc., which produces the Terre Haute Tribune-Star, filed its 39-page brief to support a motion to correct errors Aug. 22 in Sullivan Circuit Court.

In July, a jury awarded Clay County Sheriff's Deputy Jeff Maynard $500,000 in compensatory damages and $1 million in punitive damages in his defamation suit against the newspaper, Jeff Maynard v. Tribune-Star Publishing Company Inc., No. 77C01-0407-CT-219. Maynard filed the suit in response to articles published in the Tribune-Star in 2004 regarding sworn allegations of misconduct by the officer after a traffic stop. The allegations were eventually found to be false, which the Tribune-Star also reported on; that story is not included in Maynard's defamation suit.

In its motion to correct errors, the Tribune-Star says there was not "clear and convincing evidence" the articles written about the allegations against Maynard were published with actual malice, and the articles "accurately and neutrally reported the allegations of police misconduct and the ensuing investigation."

Even if there was evidence of constitutional actual malice and other elements of defamation, the paper argues the jury's damage award was excessive and violates the due process clause of the 14th Amendment.

The paper claims its coverage of the allegations against Maynard is protected by the doctrine of neutral reportage, as applied in Indiana in Woods v. Evansville Press Co. Inc., 791 F.2d 480, 488 (7th Cir. 1986), which addressed the media's right to publish stories about ongoing investigations or allegations made about public officials or figures.

Affirmation of the verdict will have a chilling effect on citizens and newspapers to make or report allegations of misconduct of public officials or criminal investigations out of fear they may be subject to a defamation suit, the brief states.
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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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