McCollum v. Baldwin

• Docket Number: 22-cv-7328 (ER)
• Decision Date: 22 August 2023
• Parties: JIENNAH MCCOLLUM, ROICE JOLEEN MCCOLLUM, and CHEYENNE MCCOLLUM, Plaintiffs, v. ALEC BALDWIN, Defendant.
• Court: U.S. District Court — Southern District of New York

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JIENNAH MCCOLLUM, ROICE JOLEEN MCCOLLUM, and CHEYENNE MCCOLLUM, Plaintiffs, v. ALEC BALDWIN, Defendant.

No. 22-cv-7328 (ER)

United States District Court, S.D. New York

August 22, 2023

OPINION & ORDER

EDGARDO RAMOS, U.S.D.J.

Jiennah McCollum, Roice Joleen McCollum, and Cheyenne McCollum, bring this diversity action alleging defamation and tort claims against Alec Baldwin. Specifically, Plaintiffs allege defamation, defamation per se, and defamation by implication; negligence and gross negligence; negligent infliction of emotional distress; and intentional infliction of emotional distress. Doc. 13.

Before the Court is Baldwin's motion to dismiss all claims set forth in the first amended complaint (“FAC”) for failure to state a claim under Federal Rule of Civil Procedure Rule 12(b)(6). Doc. 14. For the reasons set forth below, the motion is GRANTED.

I. BACKGROUND

A. Factual Background^[1]

Jiennah McCollum is the widow of Marine Lance Corporal Rylee J. McCollum, who was killed in an attack by a suicide bomber on August 26, 2021, in Kabul, Afghanistan.^[2] Doc. 13 ¶ 1. One month after Rylee died in Kabul, Jiennah^[3] gave birth to their daughter. Id. ¶ 1. Rylee is also survived by his father, Jim, and two sisters, Roice and Cheyenne. Id. ¶¶ 9-10. Roice appeared on the Fox News program “Le Story with Martha MacCallum” in early 2022 to discuss Rylee's death.^[4] Doc. 15 at 14, 24.

Alec Baldwin is a famous actor who resides in New York. Id. ¶¶ 2, 11. A well- account started fundraising for Jiennah and her soon-to-be-bom daughter. Id. ¶ 20. Baldwin donated $5,000 to Jiennah in support of the soldier's family. Id.

On January 6, 2021, Roice went to Washington, D.C. to participate in the demonstration to protest the election of President Joe Biden, which later escalated into a riot in the Capitol Building. Id. ¶¶ 18-19. However, she did not take part in the riot: she neither entered the Capitol Building nor engaged in any confrontation with police officers or government officials.^[5] Id. ¶ 19. Roice was later interviewed by the FBI about the demonstration and was cleared of any wrongdoing. Id. Jiennah and Cheyenne were not present in Washington, D.C. on January 6, 2021. Id.

On January 3, 2022, Baldwin saw a photo of a crowd of demonstrators at the Washington Monument posted by Roice on her Instagram page in anticipation of the one-year anniversary of her attendance at the Washington, D.C. demonstration. Id. ¶ 20. Baldwin then commented on Roice's post “Are you the same woman that I sent the $ to for your sister's husband who was killed during the Afghanistan exit?” Id.; Doc. 13-1 at 2. Upon confirmation from Roice that she was the sister of Rylee and the sister-in-law of Jiennah, Baldwin engaged in an exchange of private messages with Roice on Instagram. Doc. 13 ¶¶ 21-22. 'Ilie final private messages between Baldwin and Roice state as follows:

Baldwin: When I sent the $ for your late brother, out of real respect for his service to this country, I didn't know you were a January 6^th rioter.

Roice: Protesting is perfectly legal in the country and I've already had my sit down with the FBI. 'I hanks, have a nice day!

Baldwin: I don't think so. Your activities resulted in the unlawful destruction of government property, the death of a law enforcement officer, an assault on the certification of the presidential election. I reposted your photo, Good luck.

Id.

After engaging in the private conversation with Roice, Baldwin published a public post on Instagram, which was available to his followers, regarding the protest and riot at the Capitol. Doc. 13 ¶ 29. Baldwin included a photo of Roice^[6] and wrote the following in the caption of the post:

I will take this down tomorrow. Lots of Trumpsters chiming in here with the current cry that the attack on the Capitol was a protest, (a more peaceful form of which got a lot of other protestors imprisoned) and an exercise in democracy.

That's bullshit.

The party that has reflexively rallied on behalf of Law enforcement Support the Troops-Jesus watched the Capitol police get beaten, one killed, and called it their right.

I've said it before. The Republican that can lead the GOP away from this maniac [Trump] will go down in history as a hero.

There's an interesting story here...

So, I read in The Times, I believe, the story about the soldiers that died at the Kabul airport.

I did some research.

I found, on [Instagram], that this woman [Roice McCollum] is the brother [sic] of one of the men who was killed. I offered to send her sister-in-law [Jiennah McCollum] some $ as a tribute to her late brother, his widow and their child.

Which I did. As a tribute to a fallen soldier.

Then I find this.

Truth is stranger than fiction.

Id. (emphasis omitted); Doc. 13-1 at 3.

In response to Baldwin's post, several of his followers sent Roice a number of hateful messages. Doc. 13 ¶ 32. One of these private messages to Roice reads: “Get raped and die, worthless cunt [] Your brother got what he deserved.” Id. ¶ 34; Doc. 13-1 at 6. Roice then took a screenshot of this private message and posted it in on her Instagram page with the caption: “Hanks for the follow Alec.[]” Doc. 13-1 at 5. Baldwin responded to the hateful message directed at Roice under her post: “I find that abhorrent[.] My feelings were expressed by my gesture on behalf of your brother.” Id. Baldwin's following comment under this post reads:

alecbaldwininsta: @roicewyogirl that is not true. Here are hateful things posted toward you that are wrong. Irony was my point. He irony of sincerely wanting to honor your brother and the fact that you are an insurrectionist. Irony: “the use of words that mean the opposite of what you really think especially in order to be funny[.]” (Merriam Webster)

Doc. 13-1 at 4.

In addition, Baldwin engaged in some discussions with others regarding the McCollums in the comments under Roice's post:

exdemocrat313: So you're saying you would deny a dead man's family help due to your political view?????? People like you is why I lost all faith in Democrats. []

alecbaldwininsta: @exdemocrat313 but I didn't say that. I gratefully supported the gofundme campaign while simultaneously not knowing the woman I approached is an insurrectionist. I think that's ... remarkable. fateisabluebird: @exdemocrat313 shut up. [Baldwin] has no obligation to send his money to anyone in the first place-to find out he sent money to someone who holds responsibility for the death of others would be gutting. She doesn't deserve his kindness.

Doc. 13-1 at 8.

Baldwin's followers eventually directed their efforts against all Plaintiffs. Roice, Cheyenne and Jiennah began receiving more insulting and disturbing comments, dishonoring Rylee and accusing them of being, among other things, white supremacists and Nazis. Below are examples of the comments sent to Plaintiffs:

falteringlyhuman: @chiwyomom22 fact: your sister has 2 recent posts flashing the white supremacy hand sign, that's all I need to declare her garbage [] we fought a war against people that think like this, I for one am ready for Round 2 of nazi-punching []

momdiariesandsunflowers: @alecbaldwininsta I can't believe this. She is proud of destroying our country ? Did I miss something here? My goodness []

trishwhring: @chiwyomom22 this isn't about him for me. It's about her actions, involvement and motives being involved in the insurrection. [ . . . ]

woke.business: @roicewyogirl you are white supremacy.

bellafoxjr: @roicewyogirl YOU SAY THIS ABOUT @alecbaldwininsta AND YET YOU WERE SO QUICK TO TAKE MONEY FROM HIM? IS THAT HOW IT WENT DOWN? IF IT IS, YOU'RE DISGUSTING, AND YOU ARE ARE [sic] ERASING YOUR BROTHER'S LEGACY

bellafoxjr: @chiwyomom22 Is your whole family the same? Were they all insurrectionists? Do they all preach hate against @alecbaldwininsta?

sem919mes: @roicewyogirl you're going to jail for your participation in an insurrection on the U.S. Government. []

ibellai: @chiwyomom22 let's say someone died at war and left their wife and child alone. People would donate so they can get by with a little more help but then you find out they partake in ISIS. You wouldn't feel right helping and giving money to ISIS, right? alexhspina: @jane.vick.jaidi Someone losing a sibling is not an excuse to be an a**hole traitor nor does it give her special status over other Americans. Trying to overthrow the government has consequences.

Doc. 13 ¶ 38; Doc. 13-1 at 9, 12-19.

Plaintiffs assert that Baldwin's posts were made with malicious intent, as evidenced by the fact that he wished Roice “good luck” when he told her that he reposted her photo. Id. ¶ 42. Baldwin, they contend, failed to correct his false statement that Roice was an insurrectionist, despite the fact that he was specifically told that Roice did not participate in the riot.^[7] Id. ¶ 40. Plaintiffs further allege that Baldwin, as a politically active celebrity with 2.4 million followers, acted negligently and recklessly as he knew or should have known that his comments on Instagram would result in the hateful speech being directed towards Jiennah, Roice, and Cheyenne. Doc. 13 ¶ 41.

Each of the Plaintiffs raises the following claims against Baldwin: (1) negligence and gross negligence; (2) negligent infliction of emotional distress; and (3) intentional infliction of emotional distress. In addition, Roice alleges defamation, defamation per se, and defamation by implication. Plaintiffs seek $25 million in compensatory and punitive damages. Doc. 13.

B. Procedural History

Plaintiffs filed this action on August 26, 2022.^[8] Doc. 1. He Court held a premotion conference on October 19, 2022, where it granted Plaintiffs leave to file an amended complaint and set a briefing schedule for the instant motion. Min. Entry...