Birkhead v. Sims

By JUDGE DUNCAN M. BYRD, JR.

The issue for resolution by the Court is a Motion for Summary Judgment. The Plaintiff has conceded that he has not alleged he suffered any special damages (Memorandum in Opposition, p. 9) and indeed the record discloses that no known special damages exist. Therefore in the Court’s opinion, the Plaintiff is limited to a claim of defamation, per se. The more narrow inquiry then becomes whether or not the publication in question is derogatory of the Plaintiff by imputing a want of integrity or unfitness for office.

Quoting from the Defendant’s Memorandum in Support of…