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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.
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