Brown, Geraldine S., United States Magistrate Judge
Court of Appeals remanded case back to trial court for additional findings to determine whether a statement made by defendant about a plaintiff's Facebook post could support a defamation claim brought by plaintiff.
Plaintiff and defendant were divorced. Plaintiff wanted to move the children out of state with her new husband. After finding out about the move and objecting, defendant made a claim to child services that plaintiff's new husband had hit one of the children. A subsequent investigation into the incident did not result in any action taken, but the reports of the investigation were not public. The court subsequently denied plaintiff's petition to move the children.
After the court's denial of the move, plaintiff posted the following on her Facebook page:
Defendant sought police intervention over the post saying that he believed the post was a threat upon his life. The police determined there was no threat.Re-post this if there is someone that is still alive because you don't want to go to prison.
[T]he district court erred in assessing whether the statement was potentially actionable because the court focused too much on Mr. Stow’s prefatory language that he “felt” the Facebook post was a threat directed to him. Regardless of such language, precedent requires that the statement be examined more carefully to determine whether it included an actionable statement of fact.
v.
SECURITY LIFE OF DENVER INSURANCE COMPANY, Defendant
Counsel
Patrick A. Fleming, Alison Talbert Schwartz, Andrew Dylan Campbell, Christopher Graham Dean, Richard George Douglass, Stephen Novack, Novack and Macey LLP, Chicago, IL, for Plaintiff.James Vincent Garvey, Nicole Joy Highland, Timothy Matthew Schank, Vedder Price P.C., Chicago, IL, for Defendant.
MEMORANDUM OPINION AND ORDER
