Nunes v. Lizza, No. 20-2710 (8th Cir. 2021)Annotate this Case
Devin Nunes, a Member of Congress from California, appeals the district court's dismissal of his complaint alleging defamation and conspiracy claims against defendant and Hearst based on an article published in Esquire magazine about his parents' farm and the use of undocumented immigrants.
The Eighth Circuit agreed with the district court that the complaint fails to state a claim for express defamation based on the statements at issue in the article regarding Nunes' alleged improper use of his position as Chairman of the House of Permanent Select Committee on Intelligence and adopted the district court's conclusions. In regard to a statement regarding Nunes' attempt to undermine the Russia investigation, the court concluded that Nunes failed to identify that statement as allegedly defamatory in his complaint, and the court declined to consider the issue for the first time on appeal.
However, in regard to Nunes' claim for defamation by implication, the court concluded that Nunes has plausibly alleged that defendant and Hearst intended or endorsed the implication that Nunes conspired to cover up his parents' farm's use of undocumented labor. The court explained that the manner in which the article presents the discussion of the farm's use of undocumented labor permits a plausible inference that defendant and Hearst intended or endorsed the implication. Finally, in regard to actual malice, the court concluded that the pleaded facts are suggestive enough to render it plausible that defendant engaged in the purposeful avoidance of the truth. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings.