Moreno v. Crookston Times Printing Co., C6-98-2421.
| Citation | 610 N.W.2d 321 |
| Decision Date | 18 May 2000 |
| Docket Number | No. C6-98-2421.,C6-98-2421. |
| Parties | Gerardo MORENO, Respondent, v. CROOKSTON TIMES PRINTING CO., d/b/a Crookston Daily Times, petitioner, Appellant, Dennis McDaniel, Respondent. |
| Court | Supreme Court of Minnesota (US) |
Paul R. Hannah, St. Paul, and Kenneth F. Johannson, Johannson, Taylor, Rust & Fagerlund, Crookston, for Appellant.
Kay Nord Hunt, Stephen C. Rathke, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for Respondent Moreno.
Dennis McDaniel, Crookston, pro se Respondent.
William R. Space and Edward N. Mansur, Mendota Heights, for amicus curiae MN Police and Peace Officers Ass'n.
Stephen R. McSpadden, Washington, D.C., for amicus curiae Nat'l Assn. of Police Org.
Mark R. Anfinson, Minneapolis, for amicus curiae MN Newspaper Ass'n.
Terrance Moore, Edina, for amicus curiae MN Broadcasters' Ass'n.
Heard, considered, and decided by the court en banc.
Crookston Times Printing Co., d/b/a Crookston Daily Times, appeals a Minnesota Court of Appeals decision reversing a district court grant of summary judgment on a defamation claim brought by Crookston Police Officer Gerardo Moreno. The Times asks us to decide whether the fair and accurate reporting privilege protects a Times' article that reported allegedly defamatory statements made by a local citizen during a city council meeting. Officer Moreno cross-appeals on whether the district court properly applied the fair and accurate reporting privilege to the Times' article. We reverse the court of appeals' holding that a showing of common law malice will defeat the fair and accurate reporting privilege. We also reverse the district court, concluding that it erred in its application of the fair and accurate reporting privilege to the Times' article. We reverse and remand to the district court.
The facts of this matter are essentially undisputed and are recounted here as presented to the district court on summary judgment. On March 10, 1998, the Crookston City Council held a regularly scheduled council meeting. Near the end of the council meeting, Vice Chair Frank Lindgren recognized respondent Dennis McDaniel, a local citizen who wished to address the council. Comments from local citizens are regularly permitted at council meetings. McDaniel told the council that "our kids have problems" and requested that the council "stop Officer Moreno from dealing drugs out of his Police car." McDaniel asserted that he had witnesses to prove his statements. After McDaniel concluded his remarks, Lindgren stated that the council "would take this under advisement." The council concluded its business and adjourned shortly thereafter.
Michael Christopherson, city editor of appellant Crookston Times Printing Co., d/b/a/ Crookston Daily Times, was present at the city council meeting. However, the Times did not immediately report McDaniel's remarks. On March 20, 1998, Christopherson became aware of rumors circulating in Crookston about the possible arrest of a Crookston police officer. That same day, Christopherson interviewed Crookston Police Chief Paul Monteen. Monteen told Christopherson that the rumors about a police officer having been arrested were untrue generally, and specifically that respondent Officer Gerardo Moreno had not been arrested. When questioned about McDaniel's accusations at the city council meeting, Monteen said that the police department "would be remiss" if it did not follow up on McDaniel's accusation. Monteen also indicated that the Crookston Police Department either could not or would not investigate its own officers.
On March 23, 1998, the Times ran a front-page article titled "CPD reacting to accusation," which article is central to the dispute in this case. The article recounted the events of the previous 13 days with regard to McDaniel's accusation and the subsequent follow-up, including Christopherson's interview with Chief Monteen recounting the rumors of police arrests and Monteen's statement that those rumors were untrue. The report also noted that McDaniel was a frequent contributor to the Times' editorial page. The article as published read as follows:
CPD reacting to accusation
By Mike Christopherson
The Times asserts that Officer Moreno called the Times the day after the article was published, but that subsequent efforts to make contact failed. Moreno, through his counsel, then sent a letter to the Times demanding a retraction of the March 23 article. This letter was sent in accordance with Minn.Stat. § 548.06 (1998).1 The Times did not retract the article, and continued a follow-up investigation into the story.
On April 15, 1998, Christopherson spoke by telephone with McDaniel who reiterated the truth of his accusation at the council meeting. In another interview later that same day, McDaniel stated that he had been "looking after" a boy who informed him that Officer Moreno had appeared at a local party in his patrol car and had been dealing drugs. McDaniel also told Christopherson that he knew of other witnesses to Moreno's activities, but would not reveal names because the witnesses were scared. McDaniel did identify one person by name who he claimed also heard the boy's statement. However, when Christopherson attempted to contact that person, he learned that the person had died.
On April 16, 1998, Christopherson contacted the U.S. Drug Enforcement Agency's Fargo, North Dakota Field Office and inquired about any investigation related to McDaniel's accusation. An agent informed Christopherson that the DEA had investigated Officer Moreno, that the investigation was complete, and that the DEA found no support for McDaniel's accusation. On April 20, 1998, the Times ran a second article recounting the results of the DEA investigation, stating that the DEA had found no evidence of wrongdoing by a Crookston police officer.
A few weeks after the second article, Officer Moreno brought an action against the Times in Polk County District Court, alleging that the March 23 article was defamatory and was made with negligent and reckless disregard for the truth and with malice. The Times' answer asserted several defenses of privilege, including that the article was a fair comment on the conduct of a public official, made in the public interest on a matter of public concern, and was a fair and accurate report of a public proceeding. It is only this latter defense—that the article was a fair and accurate report of a public proceeding— that is the subject matter of this appeal. On July 23, 1998, the Times moved for "judgment on the pleadings or for summary judgment," arguing that its March 23 article was privileged as a fair and accurate report of a public proceeding.
The district court granted the Times' motion for "judgment on the pleadings or, in the alternative, summary judgment." In its attached memorandum, the court concluded that the fair and accurate reporting privilege as described in the Restatement (Second) of Torts § 611 (1976) was applicable under Minnesota law.2 The court then concluded that the Times' March 23 article was a fair and accurate report of a public proceeding and that it was therefore privileged. The court also noted that a showing of malice would not defeat this privilege. At Officer Moreno's request, the court amended its order to permit immediate entry of final judgment for the Times and against Moreno to allow Moreno to commence his appeal pursuant to Minn. R. Civ. P. 54.02.
The court of appeals reversed the district court and remanded, concluding that the Restatement (Second) of Torts § 611 was not the law in Minnesota and that a showing of common law malice would defeat any privilege attaching to the fair and accurate reporting of public proceedings. See Moreno v. Crookston Times Printing Co., 594 N.W.2d 555, 559 (Minn.App.1999). We accepted review of the court of appeals' decision and, on cross-appeal by Officer Moreno, review of the issue of whether the district court properly applied the fair and accurate reporting privilege to the entire Times' article.
Before addressing the specific legal questions presented on review, we must resolve two preliminary issues. First, we...
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