Blankenship v. Trump
| Citation | 558 F.Supp.3d 316 |
| Decision Date | 01 September 2021 |
| Docket Number | Civil Action No. 2:19-cv-00549 |
| Parties | Don BLANKENSHIP, Plaintiff, v. Donald TRUMP, Jr. and Does 1-50 Inclusive, Defendants. |
| Court | U.S. District Court — Southern District of West Virginia |
Jeffrey S. Simpkins, Simpkins Law Office, Williamson, WV, Zachary Austin Gidding, Pro Hac Vice, Jeremy Gray, Pro Hac Vice, Early Sullivan Wright Gizer & McRae, Los Angeles, CA, James A. Walls, Spilman Thomas & Battle, Morgantown, WV, for Plaintiff.
J. Mark Adkins, Richard R. Heath, Jr., Stuart A. McMillan, Bowles Rice, Charleston, WV, for Defendant Donald Trump, Jr.
Pending is the defendant's motion to dismiss, filed on August 2, 2019.
The plaintiff, Don Blankenship, initiated this action on or about April 25, 2019 in the Circuit Court of Mingo County, West Virginia, against the defendant, Donald Trump, Jr. ("Trump, Jr."), for claims of defamation, false light invasion of privacy, and conspiracy to commit defamation and false light invasion of privacy.1 See Notice of Removal, ECF No. 1. The action was removed to this court pursuant to 28 U.S.C. § 1441 based on the original jurisdiction of this court under 28 U.S.C. § 1332(a)(1).2 Id.
Following an explosion in a West Virginia mine on April 5, 2010, that resulted in the death of twenty-nine (29) miners, the United States government initiated an investigation into the cause of the explosion. See Compl., ECF No. 1-2 ("Compl.") ¶¶ 36-38. While the plaintiff was not charged with the death of the miners or with causing the explosion, the government later charged the plaintiff with three felonies, including conspiracy to defraud the federal Mine Safety and Health Administration, and one misdemeanor for conspiracy to violate federal mine safety laws. See id. ¶ 41. On December 3, 2015, a federal jury found the plaintiff not guilty of the felony charges but convicted him of the misdemeanor offense. Id. ¶ 43. The plaintiff was sentenced to one year in prison, which the plaintiff served and from which he was released in the spring of 2017. Id. ¶¶ 44-45.
In January 2018, the plaintiff announced his campaign to run as a Republican for a United States Senate seat in West Virginia. Id. ¶ 46. The Republican primary election was scheduled for May 8, 2018. Id. The plaintiff alleges that political and news media figures conspired to defeat his candidacy by referring to the plaintiff as a "felon" or a "convicted felon," despite the fact that the plaintiff was cleared of the felony charges and was only convicted of the misdemeanor offense. See id. ¶¶ 3-4, 17-24, 49-54, 62-67. One of these figures was Trump, Jr.
On May 3, 2018, after allegedly attending a meeting with members of the National Republican Senatorial Committee ("NRSC"), Trump, Jr. published a series of tweets about the plaintiff from his Twitter handle @DonaldTrumpJr. See id. ¶¶ 57-59.
The first tweet on May 3, 2018 reads:
I hate to lose. So I'm gonna go out on a limb here and ask the people of West Virginia to make a wise decision and reject Blankenship! No more fumbles like Alabama. We need to win in November. #wv #wvpol
See id. ¶ 57. In response, the plaintiff issued a press release that afternoon in which he promoted his candidacy. See id. ¶ 58
Trump, Jr. posted a second tweet ("quote tweet"3 ) later on May 3, 2018 in response to a tweet from CNN reporter Dan Merica's Twitter handle @merica. See id. ¶ 59. Merica's tweet, also from May 3, 2018, reads:
Trump's son urges West Virginia Republicans to reject Blankenship, who responds by labeling @DonaldJTrumpJr part of the "establishment."
Id. Merica's tweet includes a link to his CNN news article about Trump, Jr.’s earlier tweet urging West Virginia Republicans to "reject Blankenship." See id. The first part of the article reads:
Dan Merica, Trump's Son Urges West Virginia Republicans to Reject Blankenship, CNN, May 3, 2018, https://www.cnn.com/2018/05/03/politics/trump-jr-don-blankenship.
Trump, Jr.’s quote tweet includes his own comments, the tweet from Dan Merica, and the link to the CNN news article. See Compl. ¶ 59. Trump, Jr.’s quote tweet comment includes:
Ha, now I'm establishment? No, I'm realistic & I know the first thing Manchin will do is run ads featuring the families of those 29 miners killed due to actions that sent you to prison. Can't win the general ... you should know that & if others in the GOP won't say it, I will.
Another Twitter user replied to Trump, Jr.’s tweet: 5 Id. Trump, Jr. replied to this with a third tweet ("reply tweet"), which reads:
He's probably never run against a felon. Id. The plaintiff argues that Trump, Jr.’s reply tweet refers to him as a felon and is materially false because he has never been convicted of a felony. See id. ¶¶ 60, 69. The plaintiff also alleges that the reply tweet was made in conjunction with reference to the mine explosion from the quote tweet, which had the additional effect of falsely attributing to the plaintiff responsibility for murder. See id. ¶ 23, 74.
The plaintiff alleges that Trump, Jr. published the false and defamatory statements on Twitter "at the request of the NRSC and others as part of their efforts to smear Mr. Blankenship and defeat his candidacy."6 Id. ¶ 62. The plaintiff also alleges that Trump, Jr. never issued a correction or retraction about the tweets, nor has he removed the tweets from public view. See id. ¶ 61. The plaintiff lost his bid for the Republican party nomination in the primary election on May 8, 2018. Id. ¶ 66. The plaintiff asserts that Trump, Jr.’s defamatory statements on Twitter caused him "enormous damages" by injuring his reputation, preventing him from pursuing other businesses and economic opportunities, and being a material cause of his loss in the primary election. Id. ¶¶ 25, 66. The plaintiff filed this suit asserting four causes of action, though the complaint lists them in two counts. See id. ¶¶ 68, 91. In all, the plaintiff asserts causes of action for (1) defamation, (2) conspiracy to defame, (3) false light invasion of privacy, and (4) conspiracy to commit false light invasion of privacy. See id.
On August 2, 2019, Trump, Jr. filed a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state claim upon which relief can be granted. See Def.’s Mot. Dismiss, ECF No. 3. The plaintiff filed a response in opposition on August 16, 2019, see Pl.’s Resp., ECF No. 11 ("Pl.s’ Resp."), to which Trump, Jr. filed a reply on August 23, 2019, see Def.’s Reply, ECF No. 12 ("Def.’s Reply").
Federal Rule of Civil Procedure 8(a)(2) requires that a pleader provide "a short and plain statement of the claim showing ... entitle[ment] to relief." Fed. R. Civ. P. 8(a)(2) ; Erickson v. Pardus, 551 U.S. 89, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007). The required "short and plain statement" must provide " ‘fair notice of what the ... claim is and the grounds upon which it rests.’ " Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 545, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957), overruled on other grounds, Twombly, 550 U.S. at 563, 127 S.Ct. 1955 ).
Rule 12(b)(6) correspondingly permits a defendant to challenge a complaint that "fail[s] to state a claim upon which relief can be granted." Fed. R. Civ. P. 12(b)(6). In order to survive a motion to dismiss, "a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ "7 Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955 ). The "[f]actual allegations [in the complaint] must be enough to raise a right to relief above the speculative level" such that relief is "plausible." Twombly, 550 U.S. at 555-56, 127 S.Ct. 1955. A "formulaic recitation of the elements of a cause of action will not do." Id. at 555, 127 S.Ct. 1955.
"A motion to dismiss tests the sufficiency of a complaint." Occupy Columbia v. Haley, 738 F.3d 107, 116 (4th Cir. 2013). The court's evaluation is therefore Goines v. Valley Cmty. Servs. Bd., 822 F.3d 159, 165–66 (4th Cir. 2016) (citing Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322, 127 S.Ct. 2499, 168 L.Ed.2d 179 (2007) ). Application of the Rule 12(b)(6) standard requires that the court " ‘accept as true all of the factual allegations contained in the complaint.’ " Erickson, 551 U.S. at 94, 127 S.Ct. 2197 (quoting Twombly, 550 U.S. at 555-56, 127 S.Ct. 1955 ).
Federal courts exercising jurisdiction through diversity of citizenship must apply state...
To continue reading
Request your trial