In Re: Sheldon Fleming, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2016-10080.
BEFORE: WHIPPLE,
C.J.,
GUIDRY,
WELCH,
CRAIN AND HOLDRIDGE,
JJ.
WRIT DENIED.
WJC
JMG
Whipple, C.J., denies on the showing made.
Welch, J., dissents and would grant the writ in part with order for the reasons assigned by J. Holdridge. Furthermore, this decision sets a dangerous precedent in this age of social media. Imagine the litigation that could result from the police shootings, officers and deceased individuals, that occurred recently in Baton Rouge, Louisiana. To allow defamation suits to proceed based on Internet posts concerning public issues will not only open the flood gates of litigation but also could cause a chilling effect on an individual's freedom of speech.
Holdridge, J., dissents and would grant the writ in part with order. This action was properly the subject of a special motion to strike pursuant to the provisions of La. Code Civ. P. art. 971. Since the comment of the defendant, Sheldon Fleming, was made in connection with a public issue or an issue of public interest, the burden shifted to the plaintiff, Kacie Breen, to demonstrate a probability of success for her claim. The plaintiff in this case produced insufficient evidence to carry her burden to demonstrate a probability of success. Therefore, I would render judgment in favor of defendant, Sheldon Fleming, granting his special motion to strike and dismissing him from this action, with prejudice, and would remand to the district court for an award of attorneys' fees and costs in accordance with La. Code Civ. P. art. 971(B). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT