Bentkowski v. Scene Magazine, No. 09-4547 (6th Cir. 2011)
Annotate this CaseThe former mayor of Seven Hills, Ohio sued for defamation, based on publication of a statement that he "routinely tries to pull off stunts like limiting residents’ feedback at meetings and barring government employees from running for office” and an article that, he claimed, falsely implied that he sought personal information about constituents, including young women, for illicit purposes. The court denied an extension, struck the complaint for failure to prosecute, and entered summary judgment in favor of the defendants. The Sixth Circuit affirmed, holding that the articles constituted protected opinion, as a matter of law. The article concerning the mayor's letter to young residents does not expressly state or clearly imply illicit motive. The statement about limiting feedback appears to be a statement of objective, verifiable fact, but in the context of an article that contains statements like “political IQ of Quiznos’ lettuce,” it would be unreasonable to read it as impartial reporting. The court did not abuse its discretion in imposing a sanction for failure to prosecute.
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