Bartlett v. Bradford Publishing, Inc., 794 WDA 2004

• Decision Date: 17 October 2005
• Docket Number: No. 794 WDA 2004,794 WDA 2004
• Citation: 2005 PA Super 350,885 A.2d 562
• Parties: HEIL BARTLETT, Appellant v. BRADFORD PUBLISHING, INC. d/b/a THE BRADFORD ERA, JOHN SATTERWHITE, PUBLISHER, MARTY WILDER, MANAGING EDITOR AND ANNE HOLLIDAY, Appellees.
• Court: Pennsylvania Superior Court

2005 PA Super 350

885 A.2d 562

HEIL BARTLETT, Appellant v. BRADFORD PUBLISHING, INC. d/b/a THE BRADFORD ERA, JOHN SATTERWHITE, PUBLISHER, MARTY WILDER, MANAGING EDITOR AND ANNE HOLLIDAY, Appellees.

No.

Superior Court of Pennsylvania.

Filed: October 17, 2005.

BEFORE: LALLY-GREEN, POPOVICH, and JOHNSON, JJ.

OPINION BY JOHNSON, J.:

¶ 1 In this case, we consider whether Appellant, Heil Bartlett, a public figure, can satisfy the actual malice standard in a defamation suit by alleging that Appellees, Bradford Publishing, Inc. d/b/a The Bradford Era, John Satterwhite, Marty Wilder and Anne Holliday (collectively "The Bradford Era"), engaged in sub-standard reporting and investigative practices. The trial court found that Bartlett failed to produce evidence that The Bradford Era acted with actual malice and entered summary judgment in its favor. On appeal, Bartlett contends that the trial court erred because it failed to view the evidence in a light most favorable to him as the non-moving party and failed to consider evidence proving that The Bradford Era published the articles with only limited inquiry into the veracity of its story and sources. We hold that although The Bradford Era may have engaged in substandard journalistic practices, substandard journalistic practices do not satisfy the actual malice standard. We conclude, accordingly, that the trial court did not abuse its discretion or commit an error of law when it entered summary judgment in favor of The Bradford Era. Consequently, we affirm the Order of the trial court granting summary judgment.

¶ 2 This case arose when Bartlett, a police officer, sued The Bradford Era for defamation arising out of two newspaper articles. The Bradford Era published the two articles which form the basis for Bartlett's lawsuit, "Discontent extends into Corydon Township also" and "Corydon Twp. residents call for officer's resignation," which were published on February 3, 2001 and February 13, 2001, respectively. The first article reported on the issues that certain Corydon Township residents were experiencing with Bartlett and the second reported on the discussion at a Township Supervisors' meeting, particularly requests by residents that Bartlett resign.

¶ 3 Bartlett alleges that the February 3, 2001, article contains the following defamatory statements:

Officer Heil Bartlett, who also works for the U.S. Forest Service, `really raises hell with the snowmobilers,' according to Roger Rhoades, owner of The New Willows. (Hereinafter "Raises Hell Statement")

[Rhoades] did say that Bartlett has followed his waitresses home and `gave them a little lip' for being parked at the restaurant for hours. ("Little Lip Statement)

`Bartlett overuses his authority to a great degree,' Rhodes said. `He is way way over zealous.' ("Overuses Authority Statement")

The man was charged with disorderly conduct and resisting arrest as well as DUI. But he was found innocent of those charges by a jury in McKean County Court. ("Found Innocent Statement")

Barlett allegedly said `I'm telling you . . . put down the weapon down . . . I'm going to pull my firearm.' ("Firearm Statement")

Brief for Appellant at 8. (corrections made to accurately reflect language used in February 3, 2001 article).

¶ 4 Bartlett alleges that the February 13, 2001 article contains the following defamatory statements:

Some of what [Corydon Township residents] said is Bartlett:

— was following a woman on a snowmobile and, when she slid into a ditch, is said to have tackled her and charged her with alluding [sic] police. ("Tackle Statement")

— reportedly stopped the president of the Ohio Snowmobile Association who has had a camp in Corydon Township for 20 years, and confiscated his snowmobile. ("Confiscated Statement")

— stopped a man at Tracy Ridge for allegedly crossing the centerline and allegedly poked the man in the nose and cussed at him in front of his 8-year-old child. ("Tracy Ridge Statement")

During the meeting, another resident brought up an alleged incident in the city in which Bartlett was about to cite a man for violation of the open container law. When the man put the bottle down, Bartlett was said to have cited him for littering. ("Littering Statement")

Brief for Appellant at 8-9.

¶ 5 The articles at issue in this case were written by Anne Holliday, a reporter for The Bradford Era. Holliday received an assignment to pursue stories about police enforcement of drunk driving and its effect on Bradford businesses. After working on the assignment for several days, Holliday heard that there were complaints about a certain Corydon Township Police Officer, namely Bartlett. Holliday testified during her deposition that prior to writing the articles, she did not know much about Bartlett.

¶ 6 Prior to writing the February 3, 2001 article, Holliday spoke with two individuals, Roger Rhoades, the owner of The New Willows restaurant, and Thomas Frontino, who had been involved in two incidents with Bartlett. Rhoades was the source for the Raises Hell Statement, Little Lip Statement, and Overuses Authority Statement in the February 3, 2001 article. Rhoades is a successful business owner and is respected in the community. Frontino provided the Found Innocent Statement and the Firearm Statement. Frontino was an eyewitness to the Firearm Statement and he gave Holliday the name and number of his attorney. Frontino did not want to be identified as a source in Holliday's article because he feared retaliation from Bartlett. Holliday wrote the February 3, 2001 article on February 2, 2001. Jim Eckstrom, the city editor, reviewed the article.

¶ 7 Eckstrom then assigned Holliday to cover the Corydon Township Supervisors' meeting on February 12, 2001. The Tackle Statement, the Confiscated Statement, the Tracy Ridge Statement, and the Littering Statement were all made during that meeting. Specifically, John Giordano, Kerry Cook, and another man discussed the events relating to the statements. The statements were all made in a public forum before the Township Supervisors. After the meeting, Holliday returned to the newsroom and drafted the article. The article was published the following day.

¶ 8 Bartlett brought suit in July of 2001. Following the close of discovery, The Bradford Era moved for summary judgment, arguing, inter alia, that Bartlett failed to produce sufficient evidence of actual malice. Following oral argument, the trial court granted The Bradford Era's Motion. Bartlett filed this appeal.

¶ 9 On appeal, Bartlett presents only one question:

Did the trial court err as a matter of law where, for the purpose of summary judgment, it failed to view all evidence in the light most favorable to Plaintiff and to consider objective circumstantial evidence showing that Defendants published with "Actual Malice."

Brief for Appellant at 6.

¶ 10 We shall reverse a grant of summary judgment "only if the trial court has committed an error of law or abused its discretion." Weber v. Lancaster Newspapers, Inc., 878 A.2d 63, 71 (Pa. Super. 2005). "Judicial discretion requires action in conformity with law based on the facts and circumstances before the trial court after hearing and consideration." Gutteridge v. A.P. Green Servs. Inc., 804 A.2d 643, 651 (Pa. Super. 2002). "Where the discretion exercised by the trial court is challenged on appeal, the party bringing the challenge bears a heavy burden." Paden v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa. 1995) (citation omitted).

[I]t is not sufficient to persuade the appellate court that it might have reached a different conclusion if, in the first place, charged with the duty imposed on the court below; it is necessary to go further and show an abuse of the discretionary power. An abuse of discretion is not merely an error of judgment, but if in reaching a conclusion the law is overridden or misapplied, or the judgment exercised is manifestly unreasonable, or the result of partiality, prejudice, bias or ill-will, as shown by the evidence or the record, discretion is abused.

Id. (internal quotations and citations omitted).

¶ 11 As the trial court properly found, Bartlett, as a public figure, must prove that The Bradford Era acted with actual malice. "`Actual malice' is a fault standard, predicated on the need to protect the public discourse under the First Amendment from the chill that might be fostered by less vigilant limitations on defamation actions brought by public officials." Lewis v. Philadelphia Newspapers, Inc., 833 A.2d 185, 191 (Pa. Super. 2003). The actual malice standard is "a rigorous, if not impossible, burden to meet in most circumstances." See Weaver v. Lancaster Newspapers Inc., 875 A.2d 1093, 1103 (Pa. Super. 2005) (McCaffery, J., concurring). Indeed, "[t]he actual malice standard goes so far as to forbid imposition of liability even in those instances where the defendant negligently publishes false, defamatory statements about a public figure or public official." Norton v. Glenn, 860 A.2d 48, 56 (Pa. 2004).

¶ 12 "[T]he `actual malice' standard is a constitutionally mandated safeguard, and, as such, must be proven by clear and...