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ANSWER - 1
0xSyns
4000 Majellan Way, Sterling Heights
D: notsinz
DISTRICT COURT OF THE STATE OF RIDGEWAY
COUNTY OF RIDGEWAY
BATTALIONGAVIN,
Plaintiff,
vs.
RIDGEWAY TIMES INC, JULIARWILSON,
Defendant
Case No.: RSC-CV-2482
ANSWER
RESPONSES TO ALLEGATIONS
1. In In response to Paragraph 1, Defendants admit upon information and belief that Plaintiff is a
Patrol Officer with the Palmer Police Department.
2. In response to Paragraph 2, Defendants admit that Ridgeway Times Inc. is a registered media
business.
3. In response to Paragraph 3, Defendants admit that JuliaRWilson is the Editor-in-Chief at the
Ridgeway Times.
4. In response to Paragraph 4, Defendants admit that this Court has jurisdiction.
5. In response to Paragraph 5, Defendants admit that venue is proper.
6. In response to Paragraph 6, Defendants admit to publishing news articles that mention the
Plaintiff.
7. In response to Paragraph 7, Defendants admit the articles contained allegations of unprofessional
conduct and racism based on reports received by the Ridgeway Times. Defendants deny that
these constituted "direct allegations" of fact by the Defendants themselves, but rather a fair and
accurate reporting on newsworthy claims made by third parties.
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ANSWER - 2
8. In response to Paragraph 8, Defendants deny the allegation. Defendants state that the articles
were based on information and tips provided to them, including video evidence, which they
believed to be credible at the time of publication.
9. In response to Paragraph 9, Defendants are without knowledge or information sufficient to form
a belief as to the truth of the allegations regarding Plaintiff's employment status and deny the
same.
10. In response to Paragraph 10, Defendants are without knowledge or information sufficient to form
a belief as to the truth of the allegations regarding Plaintiff's disciplinary record and deny the
same.
11. In response to Paragraph 11, Defendants admit to receiving a letter from the Plaintiff. Defendants
deny the characterization of the articles as "defamatory."
12. In response to Paragraph 12, Defendants admit the articles remain publicly available. Defendants
deny that the articles expose Plaintiff to "unwarranted" reputational harm.
13. In response to Paragraph 13, Defendants incorporate their responses above.
14. In response to Paragraph 14, Defendants admit this paragraph purports to state a legal standard
but deny that their actions meet the elements of the tort.
15. In response to Paragraph 15, Defendants admit to obtaining and publishing videos of the Plaintiff
performing his on-duty functions as a police officer.
16. In response to Paragraph 16, Defendants deny the allegation. The videos were published as
newsworthy content directly related to the reports of misconduct being investigated and reported
on by the Ridgeway Times.
17. In response to Paragraph 17, Defendants deny this legal conclusion.
18. In response to Paragraph 18, Defendants deny that they "appropriated" Plaintiff's name or
likeness for their "own use or benefit" as that term is legally defined. Defendants state that
reporting the news is a protected First Amendment activity, not a commercial appropriation of an
individual's likeness.
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ANSWER - 3
19. In response to Paragraph 19, Defendants deny that they acted with reckless disregard for the
truth.
20. In response to Paragraph 20, Defendants incorporate their responses above.
21. In response to Paragraph 21, Defendants admit this paragraph purports to state a legal standard
but deny that their actions meet the elements of the tort.
22. In response to Paragraph 22, Defendants admit to publicizing Plaintiff's on-duty interactions with
the public.
23. In response to Paragraph 23, Defendants deny the characterization of their reporting as a "false
narrative."
24. In response to Paragraph 24, Defendants are without knowledge or information sufficient to form
a belief as to the truth of the allegations regarding Plaintiff's subjective views and beliefs and
deny the same.
25. In response to Paragraph 25, Defendants deny that they acted with reckless disregard for the
truth.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE (First Amendment Protection)
26. All statements and publications at issue in the Complaint are protected speech under the First
Amendment to the United States Constitution and the corresponding provisions of the Ridgeway
Constitution. The articles concern the on-duty conduct of a police officer, who is a public official,
which is a matter of the highest public concern.
SECOND AFFIRMATIVE DEFENSE (Failure to Plead Actual Malice)
27. As a public official, Plaintiff cannot recover damages for a claim of this nature without proving
by clear and convincing evidence that Defendants acted with "actual malice"—that is, with
knowledge that the statements were false or with reckless disregard of whether they were false or
not. The Complaint fails to plead sufficient facts to plausibly establish actual malice.
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ANSWER - 4
THIRD AFFIRMATIVE DEFENSE (Truth and Substantial Truth)
28. The statements contained within the articles are true or substantially true. The articles accurately
reported on the existence of "reports" and "tips" concerning the Plaintiff's conduct.
FOURTH AFFIRMATIVE DEFENSE (Fair Report Privilege)
29. The publications at issue are privileged as fair and accurate reports on matters of public interest
and concern, based upon information provided to the Defendants by third-party sources.
FIFTH AFFIRMATIVE DEFENSE (Failure to State a Claim – Misappropriation)
30. The Complaint fails to state a claim for Misappropriation of Name or Likeness. The use of a
person's name or image in connection with a newsworthy item is not a "commercial"
appropriation and is expressly protected by the First Amendment.
SIXTH AFFIRMATIVE DEFENSE (Failure to State a Claim – False Light)
31. The Complaint fails to state a claim for False Light Invasion of Privacy, as the publications are
not "highly offensive to a reasonable person" and were not published with actual malice.
Reporting on allegations of misconduct by a police officer is a standard and necessary function of
a free press.
SEVENTH AFFIRMATIVE DEFENSE (Reservation of Rights)
32. Defendants reserve the right to assert additional affirmative defenses as they may become
known through the course of discovery and investigation.
Respectfully submitted, /s/0xsyns
0xSyns
