taylor eakin kendrick johnson

© 2020 USA TODAY, a division of Gannett Satellite Information Network, LLC. First, Plaintiff claims that her identity could be revealed by referencing the text of the e-mail quoted in the "Answers" article. She alleges that the "Answers" article is per se libelous because it falsely accuses her of engaging in a sexual relationship with Kendrick Johnson, which in turn led to the death of KJ. "An essential element of an action for libel per quod is that the plaintiff be able to show special damages." ga('ads.send', { ga('create', 'UA-67136960-15', 'auto', 'ads'); Plaintiff further suggests that the "Answers" article defames her by implicating her in a conspiracy to cover up murder in violation of O.C.G.A. Kendrick Johnson being killed and stuffed in a gym mat. }); window.googletag.cmd.push(function() { at 19. While Rosen remarks in the opening paragraph of the "Answers" article that local law enforcement did not view this anonymous e-mail as worthy of credence, the e-mail itself afforded Rosen fodder for a possible motive for murder. window.googletag.pubads().addEventListener('slotRenderEnded', function(event) { eventCategory: event.slot.getSlotElementId(), When the plaintiff provides enough "factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged," the complaint is "plausible on its face." Plaintiff alleges the following facts, which the Court accepts as true for the purposes of determining the present motion. "It is not necessary that all the world should understand the libel; it is sufficient if those who knew the plaintiff can make out that she is the person meant." The article reports that an anonymous e-mail revealed that at a party a year after KJ's death, a "young lady" revealed to another party-goer that she "had sexual intercourse with Kendrick Johnson." Therefore, the "White female" must be an individual who was dating the "rival" at the time of KJ's death in January 2013, not at the time the "Answers" article was published in April 2014, as Plaintiff suggests. Hall, 19, told The Valdosta Daily Times he was at his residence when agents knocked on his door, pushed their way inside and handcuffed him. },false) Your California Privacy Rights/Privacy Policy. But the defamed person must be able to be identified through the words contained in the defamatory statement—not through taking the additional step of submitting an open records request to obtain some extrinsic document. Since that information was not relayed to law enforcement, the implication is clear that Plaintiff participated in the cover up by concealing" her boyfriend's involvement. Horsely v. Feldt, 304 F.3d 1125, 1134 (11th Cir. P. 12(c). Georgia, Valdosta Division.https://leagle.com/images/logo.png, Editors Note ET. TAYLOR REEDABETH EAKIN, Plaintiff, Between August 12, 2013 and April 9, 2014, Defendant Johnson Publishing Company, LLC ("Johnson Publishing"), published a series of articles on Ebony.com1 pertaining to the death of Kendrick Johnson ("KJ"). In an initial report, it was determined that head and neck injuries were the cause of her death. According to the petition shared by Kim, Johnson was killed after being struck with a 45-pound weight/dumbbell allegedly by his friend Brian Bell. O.C.G.A. Nature of Suit: 320 Assault Libel & Slander Kim also tweeted about Albert Winston, who was sentenced to 12 years in prison after a 17-year-old white girl accused him of raping her after spending an evening at the nightclub with him. }); Johnson’s parents said their son was murdered by Brian Bell, Brandon Bell and Hall at the behest of Rick Bell, who is an FBI agent. According to Plaintiff, the article "states that Plaintiff knew her boyfriend had committed murder. The circumstances of his death have been a source of conjecture, gossip, allegations and lawsuits ever since. Eakin identifies herself the "White female student" referenced in the article. eventCategory: event.slot.getSlotElementId(), R. Civ. Story highlights Grand jury indicts man who police say lied to Kendrick Johnson … eventAction: 'click_image_ads' at 689 (citing Willis v. United Family Life Ins., 226 Ga.App. Another post that was shared by Kim fleshes out the details of the Winston case. (alterations adopted). TAYLOR REEDABETH EAKIN, Plaintiff, represented by LAUREN E.H. MEADOWS . let gads_event; In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. Plaintiff next argues that she is the sole person to whom the article may be referring because she was the only "White female student" at Lowndes County High School dating Brian Bell, who she contends is the "friend-turned-rival" alluded to in the article, at the time Defendants published the "Answers" article. FREDERIC A. ROSEN and JOHNSON PUBLISHING COMPANY, LLC, a/k/a JOHNSON PUBLISHING COMPANY, INC., Defendants. Smith v. Stewart, 291 Ga.App. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. } }. Defendant Frederick A. Rosen ("Rosen"), who has published a number of "true crime" books, authored the majority of the submissions. Plaintiff suggests that any reasonable person who knew her, or who was familiar with the investigation into KJ's death, including the entire student population and staff and faculty at Lowndes County High School, could ascertain that she is the female student described in the article. Cause: 28 U.S.C. FREDERIC A ROSEN, Defendant, represented by GAIL PODOLSKY & JUSTAN C. BOUNDS . Rosen's articles explored possible motives for the murder of KJ, using pseudonyms to refer to certain individuals closely associated with the investigation. TAYLOR REEDABETH EAKIN, Plaintiff, represented by MITCHELL BRICE LADSON , PATRICK T. O'CONNOR , PAUL H. THRELKELD & DAVID WILLIAM BOBO MULLENS, III . at p. 2-3). eventAction: 'render' § 1332 The agents arrived simultaneously at the home of Rick and Karen Bell; the college dormitory room of their son, Brian; the Valdosta State dorm room of their other son; Brandon; the home of former Lowndes High student Ryan Hall; the college dorm room of another former Lowndes student and current Valdosta State student, Taylor Eakin, and the Valdosta home of Eakin’s parents between 4 and 5 a.m. Armscorp of Am. The incident sparked racial strife in the community and gained national attention when Florida State withdrew a football scholarship offer to Bell, who is white. 2002) (explaining that the standard for either a Rule 12(b)(6) or Rule 12(c) motion is "whether the count state[s] a claim for relief"). § 16-10-50. Ladson said he was seeking a protective order related to the Bells’ and Eakins’ seized phones and computers because they contain privileged attorney-client communications related to the criminal case and civil suits. Thus, by her own admission, the article cannot be "of and concerning" her, and her defamation action is subject to dismissal. },false) 1-1, p. 2) (internal quotation marks omitted). hitType: 'event', United States District Court, M.D. "Of and Concerning". 2010). (Id.). Before the Court is Defendants Frederic A. Rosen and Johnson Publishing Company, LLC's Motion for Judgment on the Pleadings (Doc. if(document.querySelector("#google_image_div")){ She alleges that the "Answers" article is per se libelous because it falsely accuses her of engaging in a sexual relationship with Kendrick Johnson, which in turn led to the death of KJ. § 1332 Diversity - Libel,Assault,Slander Zarach v. Atlanta Claims Ass'n, 231 Ga.App. There were two confession statements floating around, which made national news. "To succeed in a libel action, a plaintiff must prove that the defendant published a defamatory statement about the plaintiff, the defamatory statement was false, the defendant was at fault in publishing it, and the plaintiff suffered actual injury from the statement." Her commendable work in the criminal justice space coupled with the effort she has put in to study to become a lawyer, besides managing her other businesses, has earned her a lot of credit as someone who's truly dedicated to helping people who await justice. People have been seeking justice for Kendrick Johnson, a 17-year-old high-schooler, and Tamla Horsford, a 40-year old mother of five children. ga('ads.send', { The Johnsons filed a wrongful-death lawsuit against the Bells. Upon review of the pleadings, and with the benefit of oral argument, the Court GRANTS Defendants' motion. These special damages "must be the loss of money, or of some other material temporal advantage capable of being assessed in monetary value." Wooten v. Quicken Loans, Inc., 626 F.3d 1187, 1196 (11th Cir. }); media-tech companies with hubs around the world. ga('ads.send', { KJ's body was discovered on January 10, 2013, in a standing gym mat at Lowndes County High School in Valdosta, Georgia. See Zarach, 231 Ga. App. 219, 222(3) (1989)). For the foregoing reasons, the Court GRANTS Defendants' Motion for Judgment on the Pleadings. Plaintiff admittedly did not plead special damages in her Amended Complaint.4 She therefore cannot maintain a claim for libel per quod. The implication of the article is that the "friend-turned-rival" threatened KJ after learning that his girlfriend, the "White female student," had sex with KJ. "A publication that is claimed to be defamatory must be read and construed in the sense in which the readers to whom it is addressed would ordinarily understand it."

Allusion Examples In Movies, Damso Qalf Tracklist, Which Of The Following Is Not Included In Gdp Quizlet, Louie Sibley Fm20, Mr Bright Teeth Whitening Reviews, Perma Plate Sticker On Windshield, Southern Magnolia Zone, Ibm Pos Parts, Texas Chainsaw Massacre Game 2020, Jacky Clark Net Worth 2020, Swell Map Whangamata,

Share This:

Bir Cevap Yazın

E-posta hesabınız yayımlanmayacak. Gerekli alanlar * ile işaretlenmişlerdir