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Depiction of Prisoner's Wife as Drug Smuggler Actionable

Depiction of Prisoner's Wife as Drug Smuggler Actionable

 

A Tennessee federal court denied a motion to dismiss a defamation claim brought by a prisoner's wife who was portrayed as a drug smuggler in a television program.

 

An episode of "The Squad: Prison Police," entitled "Conspiracy" aired on the A & E Television Network, LLC (A & E). That episode depicted drug smuggling by prisoners and their families at the Riverbend Maximum Security Institution (Riverbend) in Nashville, Tennessee.

 

On September 12, 2009, Marlorita Battle was unwittingly filmed for this episode while visiting her husband at Riverbend. Although no drugs were discovered, the episode left the impression that Battle smuggles drugs into the incarcerated husband, but prison officials have not been able to catch them yet.

 

Battle brought federal suit against Wild Eyes Productions, Inc, which produced the episode, and A & E, alleging "defamation/false light" and intentional infliction of emotional distress claims. Pursuant to FRCP 12(b)(6), Defendants moved to dismiss for failure to state a claim.

 

The district court denied the motion with respect to the defamation/false light claim, holding "that a reasonable jury could conclude that the Program leveled false and defamatory accusations against Plaintiff."

 

The court dismissed Battle's intentional infliction of emotional distress claim, however, concluding "that Plaintiffs allegations, even accepted as true, would not lead an average person to exclaim that Defendants' actions in producing and airing the Program were outrageous." See: Battle v. A & E Television Networks, LLC, 837 F.Supp.2d 767 (M.D. Tenn. 2011).

 

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Related legal case

Battle v. A & E Television Networks, LLC