Legal Question in Criminal Law in Alabama

Defamation or Not?

I had a friend over one night at my house and before the friend arrived my jewerly was put up, after being here for 3 hrs the friend left, after leaving I noticed my house keys missing and always noticed my jewerly ring box was gone too. The friend was the only person in my house from the time I took the jewerly off til the friend left. I filed a police report and Im in the process of waiting on a warrant, people around the area have asked me what happened and I have said this friend (and I have said the friend's name) was at my house and when they left my jewerly with my rings in was gone. Really though is it defamation if what I say is the truth, wheather or not we have gone to court and it or not. Can this person come after me for defamation for telling people what happen?? If so what kind of case would they have against me since the D.A believes the friend took it and is gonna let me sign a warrant?? If I was to lose my case, what could the friend do about a defamation lawsuit against me?? Any information anyone can give my would be greatly appreciated. Thanks in advance for all information.


Asked on 4/20/04, 1:28 am

1 Answer from Attorneys

J.Clayton Davie, Jr. Davie & Davie, LLC

Re: Defamation or Not?

In order to prevail in a defamation action, a plaintiff must necessarily prove four elements: (1) a false and defamatory statement of fact (not opinion) concerning another; (2) an unprivileged publication to a third party; (3) fault (negligence or greater) on the part of the publisher; and (4) resulting injury. Trentecosta v. Beck, 96-2388 (La.10/21/97), 703 So. 2d 552, 559. The plaintiff must prove that the defendant, with actual malice or other fault, published a false statement with defamatory words which caused plaintiff damages. Sassone v. Elder, 626 So. 2d 345, 350 (La. 1993).

A pure statement of opinion based totally on the speaker's subjective view, which does not expressly state or imply the existence of underlying facts, usually is not actionable in defamation, because falsity is an indispensable element of any defamation claim and a purely subjective statement can be neither true nor false. Bussie v. Lowenthal, 535 So. 2d 378, 381 (La. 1988).

An expression of opinion is actionable only if it implies the existence of underlying facts ascertainable by a reasonable person with some degree of certainty, and the implied factual assertions are false, defamatory, made with actual malice, and concern another. Fitzgerald v. Tucker, 98-2313, p. 12 (La. 6/29/99), 737 So. 2d 706, 717.

The crucial difference between statement of fact and opinion depends upon whether ordinary persons hearing or reading the matter complained of would be likely to understand it as an expression of the speaker's or writer's opinion, or as a statement of existing fact." Mashburn v. Collin, 355 So. 2d 879, 885 (La. 1977).

In your case, I would not be too concerned. To think otherwise would mean that no one could safely report a crime and inform the police of a potential and likely suspect. Even more significantly, truth is a perfect defense.

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Answered on 4/20/04, 7:51 am


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