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  1. #1
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    Default Defamation Unrelated to a Public Official's Job, and the Burden of Proof

    My question involves defamation in the state of: Texas

    Does a member of a public board, such as the City Water Works Board of Trustees, who's appointed by a government body, such as the City Mayor and City Council, constitute him/her as a public official? If so, in the case of a defamation per se lawsuit, does the plaintiff - in this case the appointed official - have to prove negligence and actual malice in virtually every aspect of their private and public lives?

    Also, how do I make the court aware that the plaintiff is a public official and therefore he/she must produce clear and convincing evidence that the defendants acted with negligence and actual malice? Specifically, what "motion" or "action" can the defendant submit to the court to set the argument on record?

    Any source(s) to base your answer on is a huge plus.

    Thanks so much in advance.

  2. #2
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    Default Re: What Defines a Public Official in Texas

    Quote Quoting orangeSoda
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    ...in the case of a defamation per se lawsuit, does the plaintiff - in this case the appointed official -
    have to prove negligence and actual malice in virtually every aspect of their private and public lives?...
    NO.

    It depends WHAT was said, to WHOM it was said, whether the statements at issue were private matters or public concern, and the TRUTH of the statements. If the statements were outrageous with no evidence whatsoever of truth, that could be a big problem for the defendant.

    Texas defamation law is sufficiently complex that if an attorney sued you for defamation per se, it is unlikely you are going to walk away from this if you defend yourself without an attorney. It is quite possible the Plaintiff may move for summary judgment on the defamatory per se statements.

  3. #3

    Default Re: What Defines a Public Official in Texas

    defamation per se releases the plaintiff from proving damages ~ damages are assumed.

  4. #4
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    Default Re: What Defines a Public Official in Texas

    Quote Quoting Jack Jackson
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    defamation per se releases the plaintiff from proving damages ~ damages are assumed.
    Assumed damages can be as little as nominal damages, which may be $1.

    The presumption of damages allows a cause of action for defamation to be sustained without need to show evidence of injury. In Texas, it opens the door for plaintiff to plead general damages.

    Plaintiff should specifically plead damages for a judge or jury to award more, if they feel it is warranted

  5. #5
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    Default Re: What Defines a Public Official in Texas

    Quote Quoting gator1
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    Assumed damages can be as little as nominal damages, which may be $1.

    The presumption of damages allows a cause of action for defamation to be sustained without need to show evidence of injury. In Texas, it opens the door for plaintiff to plead general damages.

    Plaintiff should specifically plead damages for a judge or jury to award more, if they feel it is warranted
    This is exactly why I'm asking the question, a public official can't sue based on the presumption of damages, he must prove negligence and actual malice on the defendant's part, completely different from a public figure, limited public figure, and the ordinary private person. The story I wrote about the plaintiff was regarding his private-owned business, but that's within the general interest of the public because it involves the community. Also, the allegations made on the article are true, I have evidence to support my findings.

    So again, can somebody PLEASE answer my question
    : is a member of a public board such as the City Water Works System Board considered a public official? Keep in mind that the trustee was appointed by a government body made up of election officials (city council and city mayor).

  6. #6
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    Default Re: What Defines a Public Official in Texas

    Your serious 'tude has turned off the expert volunteers here. No wonder you're being sued, I'd sue you too if I didn't have better things to do than read your tiresome dictatorial rants.

  7. #7
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    Default Re: What Defines a Public Official in Texas

    Quote Quoting orangeSoda
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    ...a public official can't sue based on the presumption of damages...
    The "presumption of damages" in libel per se holds regardless of whether the Plaintiff is a private person or public official.

    Quote Quoting orangeSoda
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    ...a public official... must prove negligence and actual malice on the defendant's part...
    A public official must show "actual malice".

    The fact a plaintiff is a public official does NOT give defendants a "get out of a defamation lawsuit" free card, as you incorrectly suggest.

    It simply places a higher burden of proof on the public official, who may then ask a judge or jury to review exactly what you published and all the facts and determine whether you acted with actual malice.

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