United States Seventh Circuit
Madison v. Frazier, 07-1944
In a suit alleging libel and false light for defendant-author's allegedly defamatory portrayal of plaintiff-NAACP officer in a book criticizing local police and the NAACP, summary judgment for defendants is affirmed where: 1) no evidence demonstrated that a "fantasy sequence" in the book was more than non-actionable rhetorical hyperbole; 2) speculations contained in one chapter were not factual assertions but constitutionally-protected opinions; 3) plaintiff's reference to defendant as a "liar" was defamatory per se, but defendant, a public figure, failed to produce evidence to demonstrate that the statement was made with actual malice; and 4) the false-light claim necessarily failed in the absence of a valid per se defamation claim.
Appellate Information
- Argued 05/30/2008
- Decided 08/22/2008
- Published 08/22/2008
Judges
- BAUER, Circuit Judge., Before BAUER, RIPPLE and WOOD, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Stephen F. Hedinger (argued), Hedinger Law Office, Springfield, IL, for Plaintiff-Appellant.
- For Appellees:
- Donald M. Craven (argued), Craven & Thornton, Springfield, IL, for Defendants-Appellees.