Lawyer Question

[Statler]

In this scenario, is KF a "public figure" for slander issues?
Discuss.

[Digetydog]

In this scenario, is KF a "public figure" for slander issues?
Discuss.

Probably.

It is very hard to sue news organizations. KF should focus on moving forward.

[GRGB]

LIBEL = Think Library (written)

SLANDER = spoken

He's mid-level

[smusic 00]

Shipp has been after him since he transferred to Kimball (with about 10 others) 3 years ago. Seems a bit obsessive. "A sharp eye for the White Whale; a sharp lance for Moby [deleted]!"

[GRGB]

http://www.wfaa.com/news/investigates/D ... 84145.html

DALLAS — The Kimball Knights are a basketball powerhouse in Texas; 4-A state champs two years in a row.

But did they win it fair and square?

Much of the credit goes to junior guard Keith Frazier, who scored 17 points in the state championship game. Frazier is also ranked as one of the top 10 players in the country, according to Rivals.com.

But should he really have been playing for Kimball High?

For the first three months of the 2011-2012 school year, Frazier lived at a house in Irving and was destined to be a star player for the Irving Tigers.

But in early November of last year, Frazier and his family picked up and moved out of the Irving residence where they'd lived for three years.

Days later, Frazier enrolled at Kimball, rated by the state as an "academically unacceptable" high school in south central Dallas.

But before he could play basketball for Kimball, Frazier's transfer had to be approved by the Dallas ISD's District 11 4-A executive committee, made up of representatives of each school in Kimball's district.

The key question asked by the committee: Did Frazier move so he could play basketball for the reigning state champs? To do that would be a violation of state high school basketball rules prohibiting players for moving for "athletic purposes."

When the executive committee met last November 18, according to meeting minutes, Irving varsity basketball coach Steven Perry showed up and lodged an objection. Coach Perry "believed Frazier was improperly influenced to attend Kimball" by his "AUU (summer league) coach."

But Frazier's mother, Sherry Pulliam, told committee members she had to move because her rent went was being raised and she could no longer afford the house in Irving. She said no one influenced her move to the Kimball school zone.

One committee member asked Frazier, what "the odds were that in a 5 day period he would land at Kimball, the defending state champions?"

Frazier's response: "It can happen."

The committee then voted to approve the transfer.

Around the same time the transfer was approved, News 8 found the following quotes on the Twitter account of Frazier's mother:

"...this is a cut throat business, I'm just saying."

"...I think he got stock in that school."

"...these kids are not y'all kids... it's not personal it's business."

Frazier went on to become one of Kimball's top stars. But News 8 has learned the transfer may not have happened as Frazier's mother described.

A copy of the lease obtained by News 8 and according to the Dallas Housing Authority, Pulliam's federally-subsidized rent could not have gone up in October as she claimed. It was locked in at $505 a month.

In fact, according to the landlord, Pulliam moved out of the house in Irving without notice, and still owes back rent.

According to the Dallas Housing Authority, Pulliam appears to have committed a “breach of obligation." That means she broke the lease and no longer qualifies to receive federal housing assistance.

Just days ago, News 8 Investigates caught up with Sherry Pulliam, and her story of why she moved had apparently changed.

"At the time I was in the process of trying to relocate and find a house, and my landlord was selling, so I was just looking for something," she said.

According to the Dallas Housing Authority, a landlord can't sell a house as long as the tenants are abiding by the lease.

Again, last November, Pulliam claimed she had to move because the rent was going up.

Another question: If checking out the story was as easy as asking for the lease, why didn't DISD officials discover conflicts in the family's story?

Getting that answer has been difficult since Dallas ISD Athletic Director Jeff Johnson declined our repeated requests for an interview.

He did tell us this via an e-mail message:

"Our staff pays very close attention to UIL [University Interscholastic League] rules. The District Executive Committee... not the Chairman or anyone in the Athletics Office, is allowed to manipulate the process."

Johnson said he is concerned by questions being raised in the News 8 investigation.

Our investigation continues. In the coming days, we will take a closer look at residency issues involving the entire Kimball state championship teams, as well as members of last year's state championship team.

Even if it's found that only Keith Frazier transferred for athletic reasons, Kimball could be forced to forfeit all games that Frazier played in — including this year's state title game.

E-mail [email protected]

[max the wonder dog]

Writing as a former journalist and not as an attorney, I would say yes he is a public figure, based on the McD All American and extensive coverage of his high school career and college recruitment. This would provide cover for last night's report.

For a public figure to prevail in a libel case, they have to show media negligence or malice. If Shipp moves forward with the story line from last night, after receiving a detailed denial from the university, that might be seen as reckless disregard for the truth, which evidences malice. And, I doubt that the public letter represents the extent of the university's efforts to educate WFAA on this issue.

If the university's version of events is accurate, and if Shipp continues to allege that Keith is not qualified to attend the university and that Coach Maligi was involved in having the grade changed, my non-attorney opinion is that the two might have a cause of action. This type of case is not easy to win, but sympathetic plaintiffs sometimes are successful, witness Richard Jewell vs. NBC following the Olympic bombing in Atlanta.

I don't know if the Kimball story by Shipp referenced above and his flight to Houston would hurt the defense's effort to show there was no malice, but they sure won't help the defense. If I were general manager of WFAA, I would have some very good attorneys fly spec every story on this topic moving forward.

[SMUer]

You mean kids transfer to play at better sport high schools?!? What, what!?! You mean parents "separate", one gets a low rent apartment right next to powerhouse school, uses it basically as a mailing address but the kid gets into that school?!? So it ain't so.

[Pweesey]

I know you're just asking a question, but how many posts are there going to be about lawsuits? Every fan board does it when something negative comes out about their program. If an over-hyped, misleading story is all it took, there would be plenty of judgments by college programs/athletes against news organizations. But there aren't. Remember the Oklahoma State expose SI promised, which turned out to be a total dud? That was far worse than Brett Shipp and his local piece. No schools/players ever sue because nobody has a case worth a lick.

How exactly has KF been slandered? And even if he had been slandered, how does he plan on proving what the damages are? Because unless he can prove legitimate damages (beyond "they were mean to me"), the case is a waste of time. EDIT- I guess he could claim defamation per se, but I doubt this qualifies.

[gostangs]

don't be brining reason into the cluster. We are having fun hiring pretend lawyers to sue pretend people for pretend stories.

[Stallion]

There is no evidence-right now- showing that Shipp published report knowing it was false at the time it was published. In fact, the real fact he published is probably true-DISD investigated and found that grade was changed. He didn't say SMU was involved in actual changing of grade-he pretty clearly left that as a possible assumption but he didn't make that factual claim. He simply said SMU's Coach called the day it was changed which might well be true. Its what he seemingly did not know (ie that there was a later official transcript) which shows that his report was more in the nature of negligence which doesn't meet actual malice standard. I don't think Frazier has a case based on current facts. You would have to dig up more facts to support a defamation claim. But his report tonite might be subject to different analysis-that's why they keep editing and then removing story. Its a tough standard

[Terry Webster]

Stallion, thanks for your insight in all of this. I helps me out tremendously.