Grossman v. Smart
| Decision Date | 24 November 1992 |
| Docket Number | No. 92-1145.,92-1145. |
| Citation | 807 F. Supp. 1404 |
| Parties | Margaret R. GROSSMAN, C. Kristina Gunsalus, and David R. Purnell, Plaintiffs, v. Winston I. SMART, Defendant, Counter-Plaintiff, and Third-Party Plaintiff. v. Margaret R. GROSSMAN and C. Kristina Gunsalus, in their individual capacities, jointly and severally, Counter-Defendants, and C. Allen Bock, in his individual capacity, Third-Party Defendant. |
| Court | U.S. District Court — Central District of Illinois |
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J. Steven Beckett, Urbana, IL, for plaintiffs.
John L. Conlon, Chicago, IL, for third party defendant.
Winston I. Smart, Madison, WI, for defendant.
This written opinion is entered nunc pro tunc to the minute-entry dated October 21, 1992.
On September 25, 1992, Defendant Winston I. Smart filed a Motion for Summary Judgment for Counts II through VIII of the Plaintiffs' Complaint. On October 20, 1992, this Court heard oral arguments on the Motion. At that hearing, the Motion was granted in part and denied in part. On November 6, 1992, at the Final Pretrial Conference, Plaintiff David L. Purnell submitted a memorandum with respect to his status as a public figure in this action. On November 17, 1992, Smart submitted a response to Purnell's memorandum and a Motion for Reconsideration of Summary Judgment on Plaintiff's Count VIII.
Counts II, IV, and VI allege defamation actions contending, in relevant part, that Smart made false representations and statements concerning the fitness and integrity of the respective named Plaintiff in the performance of employment duties. Counts III, V, and VII allege defamation actions contending, in relevant part, that Smart made false statements and publications with malice imputing unfitness and want of integrity with respect to the employment duties of the respective named Plaintiff. Count VIII alleges an invasion of privacy action by Purnell against Smart.
In this written Order, the Court clarifies its oral holding of October 20, 1992, reconsiders the public figure status of Purnell, and reconsiders summary judgment as to Count VIII. The Court GRANTS summary judgment in favor of Smart on Counts II and IV, DENIES summary judgment in favor of the Plaintiffs on Counts III, V, VI, VII, and VIII, and upon reconsideration, finds that Purnell is not a Public Figure for purposes of this action. The Court's reasoning and findings are set forth below.
Pursuant to Rule 56(c) summary judgment is proper only if it is demonstrated "that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." McGraw-Edison Co. v. Walt Disney Productions, 787 F.2d 1163, 1167 (7th Cir. 1986). The burden is upon the moving party to establish that no material facts are in genuine dispute, and any doubt as to the existence of a genuine issue may be resolved against the moving party. Adickes v. S. H. Kress & Co., 398 U.S. 144, 166, 90 S.Ct. 1598, 1610, 26 L.Ed.2d 142 (1970); Backes v. Valspar Corp., 783 F.2d 77, 79 (7th Cir.1986). A fact is material if it is outcome determinative under applicable law. Shlay v. Montgomery, 802 F.2d 918, 920 (7th Cir.1986). Even if the facts are not in dispute, summary judgment is inappropriate when the information before the court reveals a good faith dispute as to inferences to be drawn from those facts. Powers v. Dole, 782 F.2d 689, 694 (7th Cir.1986). Finally, summary judgment generally is not an appropriate means of resolving questions of motive and intent. Bartman v. Allis — Chalmers Corp., 799 F.2d 311, 312 (7th Cir.1986).
In deciding a motion for summary judgment the trial court must determine whether the evidence presented by the party opposing the summary judgment is such that a reasonable jury might find in favor of that party after a trial.
See also: Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986); Barker v. Henderson, Franklin, Starnes & Holt, 797 F.2d 490, 496 (7th Cir.1986).
The prima facie case for a claim of defamation is well established and not disputed: (1) defamatory language on the part of the defendant; (2) the defamatory language must be of or concerning the plaintiff; (3) publication of the defamatory language by the defendant to a third person; and (4) damage to the reputation of the plaintiff. If the defamation refers to a public official or public figure or involves a matter of public concern, thus invoking First Amendment protection, two additional elements must be proven as part of the prima facie case. The plaintiff must prove (5) the falsity of the defamatory language and (6) fault on the part of the defendant, in addition to the four elements mentioned above.
At issue for purposes of this Motion is whether the various Plaintiffs in this case are public officials, public figures, or whether this is a matter of public concern, thus invoking the two additional First Amendment protections.
In defining the term "public official," the Supreme Court has held that in order to encourage criticism of government the "public official" designation must apply "at the very least to those among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of governmental affairs." Rosenblatt v. Baer, 383 U.S. 75, 85, 86 S.Ct. 669, 676, 15 L.Ed.2d 597 (1966). In Rosenblatt, the Court went on to explain that:
A public employee, therefore, may be a "public official" even if the employee is not positioned at the top of the bureaucratic hierarchy. Persons publicly employed at low level technical positions might not be included in this category, but any government employee, however, holding discretionary power in matters of public interest qualifies as a public official. 4 Ronald D. Rotunda and John E. Nowak, Treatise on Constitutional Law § 20.33 (2d ed. 1992).
Plaintiffs Grossman and Gunsalus hold the requisite employment status to confer a designation of "public official" in this case. Grossman is a professor of agricultural law and served as Chairperson of the Search Committee that recommended Purnell's appointment to the University of Illinois. Gunsalus serves as the Vice Chancellor for Research and for Graduate College and assistant to the Chancellor of the University. Gunsalus also was the Hearing Officer in an administrative grievance hearing held for Smart at the University. The authority vested in these high level positions sufficiently confer public official status.
Plaintiff Purnell, however, does not satisfy the requirements for public official status. The University chose Purnell for the assistant professor of law position giving rise to this action. Prior to his appointment to that position, Purnell was not employed by the University. The facts do not indicate that Purnell had any decision-making responsibility either before or after he was selected for employment.
Based on the finding that Plaintiffs Grossman and Gunsalus are public officials, these Plaintiffs necessarily must establish the two additional constitutional elements of falsity and fault as part of their prima facie case. To establish fault, the Plaintiffs, as public officials, must show that Smart acted with actual malice — that is, with knowledge that the defamatory publication was false or with reckless disregard as to whether the publication was false. New York Times Co. v. Sullivan, 376 U.S. 254, 279-80, 84 S.Ct. 710, 726, 11 L.Ed.2d 686 (1964). In the Complaint, Grossman and Gunsalus each plead two counts of defamation. One count included the element of fault and one count did not. This Court, therefore, grants summary judgment on the counts not alleging fault, Counts II and IV, in favor of Smart and against Plaintiffs Grossman and Gunsalus.
The element of fault, by the termed definition, necessarily includes a finding of intent or motive. Summary judgment under these circumstances would be inappropriate as it would require this Court to find as a matter of law that Smart lacked the requisite mental state to sustain this defamation action. This issue presents a question of fact. Therefore, this Court denies summary judgment in favor of Grossman and Gunsalus and against Smart as to Counts III and V.
Following Rosenblatt, the Supreme Court broadened the constitutional First Amendment guarantees to include privacy actions. Time, Inc. v. Hill, 385 U.S. 374, 87 S.Ct. 534, 17 L.Ed.2d 456 (1967). In Time, Inc., the Supreme Court distinguished a private individual who was thrust into the limelight for the purpose of one particular event. In that case, the Hill family became the subject of national news coverage when three escaped convicts held them hostage in their home. The Supreme Court applied the New York Times standard of "knowing and reckless falsity," to publications involving false reports on matters of public interest. Time, Inc., 385 U.S. at 387-88, 87...
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