Larson v. Gannett Co., A17-1068

• Decision Date: 26 February 2020
• Docket Number: A17-1068
• Parties: Ryan LARSON, Appellant, v. GANNETT COMPANY, INC., et al., Respondents.
• Court: Minnesota Supreme Court

940 N.W.2d 120

Ryan LARSON, Appellant,

v.GANNETT COMPANY, INC., et al., Respondents.

A17-1068

Supreme Court of Minnesota.

Filed: February 26, 2020

Rehearing Denied March 30, 2020

OPINION

CHUTICH, Justice.

In this case we consider whether the fair and accurate reporting privilege protects news reports about statements on a matter of public concern made by law enforcement officers at an official press conference and in an official press release. Because we conclude that the privilege does apply, we must also consider whether the jury instructions adequately advised the jury on the proper focus of its inquiry in determining whether the privilege was defeated—that is, whether the statements in the news reports were a fair and accurate account of the press conference or press release. This matter arises from the 2012 shooting death of a Cold Spring police officer and the arrest that same night of appellant Ryan Larson in connection with the murder. The next day, representatives from three law enforcement agencies held a press conference to announce Larson’s arrest and to discuss the ongoing investigation; that same day, the Minnesota Department of Public Safety issued a corresponding press release.

Larson was released from jail without being charged with a crime and then later cleared as a suspect. In other words, law enforcement officers had arrested Larson for a murder that he did not commit. Larson sued state and local law enforcement officers for various civil rights violations.¹ He also sued respondents Multimedia Holdings Corporation d/b/a KARE 11-TV and the St. Cloud Times in state court for defamation based on their news coverage about his arrest. He claimed that 11 statements in the news reports about the murder investigation were false and harmed his reputation.

A jury found for respondents, but the district court set the jury verdict aside and ordered a new trial. The court of appeals reversed the district court’s post-trial order and ordered that the judgment for respondents be reinstated. Larson v. Gannett Co. , 915 N.W.2d 485, 488 (Minn. App. 2018).

We granted Larson’s petition for review and respondents’ request for conditional cross-review. We conclude that, concerning the 11 alleged defamatory statements in the news reports, (1) the fair and accurate reporting privilege applies to the 7 statements that reported information about a matter of public concern disseminated by the law enforcement officers at the press conference and in the press release; (2) the jury instructions and the special verdict form did not adequately set forth the relevant factors that the jury should consider in determining whether the privilege was defeated for lack of fairness and substantial accuracy, an error that was prejudicial as to 5 of the statements, but not as to 2 of the statements that are protected by the privilege as a matter of law; and (3) the remaining 4 statements that are not covered by the privilege are not actionable as a matter of law. Therefore, we affirm the decision of the court of appeals in part, reverse that decision in part, and remand to the district court for a new trial consistent with this opinion.

FACTS

On November 29, 2012, around 11:00 p.m., Cold Spring Police Officer Tom Decker was shot twice outside a bar in Cold Spring. Officer Decker was responding to a request from Larson’s parents to check on Larson, who lived above the bar. About an hour after the shooting, the police entered Larson’s apartment while he was sleeping and arrested him. Larson was brought to the Stearns County jail in St. Cloud and booked on suspicion of second-degree murder. The Stearns County website’s publicly available jail log listed Larson’s name, age, "charge" of "MURDER 2," and photograph.

Official Press Conference and Minnesota Department of Public Safety Press Release

At 9 a.m. the next morning, a short press conference was convened by three law enforcement agencies. The Chief of the Cold Spring Police Department, the Sheriff of Stearns County, and the Deputy Superintendent of the Minnesota Bureau of Criminal Apprehension ("Bureau") appeared, made statements, and answered questions. The press conference was televised live.

The Stearns County Sheriff began by briefly describing the circumstances of the shooting, including the welfare call by Larson’s parents. The Bureau Deputy Superintendent spoke next. He described the Bureau’s investigation, including that "[a] SERT team from the Stearns County Sheriff’s Office was eventually able to take into custody the subject of the welfare check." He noted that the investigation was "active and ongoing," and that "[w]e'll continue to follow up to determine exactly what happened in this incident." Before turning the conference over to other speakers, the Deputy Superintendent stated, "And as we noted, um, Ryan Larson was taken into custody and was booked into the Stearns County jail in connection with this incident."

The Chief next spoke about Officer Decker’s background, family, and work on the police force. The law enforcement officers then answered questions from members of the media. The media’s inquiries focused immediately on the arrested suspect, Larson. The first question asked was whether Officer Decker knew Larson. Other questions included where Larson was when he shot Officer Decker, what kind of weapon Larson used, and whether, in light of the welfare call, the police knew more about Larson’s state of mind. The officials refrained from going into detail on the investigation and declined to answer some questions, noting that the investigation was in its early stages. When asked if there was "any reason to believe that there might be some other individual involved," the Bureau’s Deputy Superintendent responded that "we don't have any information to believe that at this time." At the end of the press conference, he also stated "from our preliminary investigation, ... it’s apparent to us that the officer was ambushed at the scene."

On the day of the press conference, the Minnesota Department of Public Safety ("Department") issued a press release entitled "Cold Spring Police Officer Killed in the Line of Duty." The press release was posted on the Department’s public website. The release stated that "within an hour" of launching a search for the suspect, "investigators took Ryan Michael Larson, 34, of Cold Spring into custody. Larson was booked into the Stearns County Jail on murder charges early this morning."

Officer Decker’s death and the press conference were covered by the media throughout Minnesota as "breaking news." The defamation claims here concern 11 statements² made by KARE 11 or the St. Cloud Times concerning the investigation, including the law enforcement press conference and Larson’s release from Stearns County Jail.

Coverage by KARE 11

KARE 11 broadcast the story on its evening newscasts on November 30, 2012, and in an online article that same day. Its 6:00 p.m. newscast featured a "packaged" report by a reporter on location in Cold Spring. The news anchor introduced the segment: "Condolences are pouring in tonight for the family of the Cold Spring Police Officer who died in the line of duty, Tom Decker. The 31 year-old was shot and killed last night while conducting a welfare check on a suicidal man. Police say that man—identified as 34 year-old Ryan Larson—ambushed Officer Decker and shot him twice—killing him. " The newscast then cut to the reporter, who introduced an interview with the victim’s mother: "[She] holds no ill-will against the man accused of killing her son. " The officer’s mother is recorded saying, "His mind must have really been messed up to do something like that. I know Tom would have forgave him ." When the reporter finished, the news anchor ended the story by stating, "Ryan Larson, the man accused of killing Officer Decker, could be charged as early as Monday. "

The 10:00 p.m. newscast followed much the same format, but with a different reporter in Cold Spring. The news anchor introduced the segment: "The body of Cold Spring Police Officer Tom Decker is being guarded around the clock until his funeral. A preliminary autopsy shows that Officer Decker died of multiple gunshot wounds

. Investigators say 34-year-old Ryan Larson ambushed the officer, shooting him twice. Larson is in custody. " The report included a clip of a local resident stating that Officer Decker was "one of the good guys." The reporter then said, "He was the good guy last night going to check on someone who needed help. That someone was 34 year-old Ryan Larson who investigators say opened fire on Officer Tom Decker for no reason anyone can fathom. "

After showing more clips from the interview with Officer Decker’s mother, the newscast cut back to the anchor, who said, "Charges could be filed as early as Monday against Ryan Larson, the man ... who is accused of killing Officer Decker." Larson’s mugshot, retrieved from the jail log, appeared on the screen next to his name and the words "Officer Killed" and "Suspect." Meanwhile, the anchor stated, "He does not have an extensive criminal history, but was cited with disorderly conduct in 2009. He was a second-year machine tool student at St. Cloud Tech. Larson is being held in Stearns County Jail. "

At the close of the story, a screen shot of an article published on kare11.com was displayed. Viewers were directed to the article, which bore the headline "Suspect jailed in fatal shooting of Cold Spring Police Officer." The article noted that Larson was held "on suspicion of second degree murder in the alleged ambush of a Cold Spring police officer." It also stated, "Investigators believe he fired two shots into Cold Spring police officer Tom Decker, causing his death ."

Coverage by the St. Cloud Times

The following day, December 1, 2012, the St. Cloud Times covered Officer Decker’s death in numerous front-page articles. The largest headline read: "Area mourns death of Cold Spring officer." A smaller headline in a separate article ...