PLOW seeks dismissal of LHU Taylor's lawsuit
Published in The Express on February 3, 2010 as written by Jim Runkle
Lock Haven University Athletic Director Sharon E. Taylor is a "public figure," required to meet the highest legal standard for defamation, and her suit falls short of that judicial measuring stick.
That, in essence, is the reply of the defendants in a defamation suit filed by Taylor against a number of individuals and organizations who have voiced concern over her job performance.
The defendants have filed preliminary objections to Taylor's legal action, asking the court to dismiss all charges.
According to the documents filed Friday in Clinton County Court of Common Pleas, Taylor, by virtue of her position as athletic director for a state-run university, is considered a "public figure" for the purposes of a defamation claim.
As a public figure, Taylor is required to prove the defendants acted with "actual malice" in publishing any libelous information.
What's more, state law required Taylor must attain the highest level of prof in civil law by providing "clear and convincing evidence" her claims are valid, the response states.
In this case, according to the legal reply, Taylor's complaints of Dec. 15 fall well short of establishing the defendants knew the statements published about her were false and they acted with actual malice.
"Because the public has a legitimate and substantial interest in the conduct of public figures - and in this case the management of a state university and has the freedom of speech to engage in debate about their involvement in public issues or events, courts will not impose liability for speech without proof of fault," the legal reply states.
The request for dismissal suggests the allegations of defamation are nothing more than "general, boilerplate allegations of actual malice... devoid of any factual allegations."
As for Taylor's claims of emotional distress, the law suggests she must prove she suffered bodily harm resulting from the alleged severe emotional distress, and that claim was not established in the Taylor's lawsuit, the defendants allege.
Finally, in connection with allegations of a conspiracy to defame Taylor, the defendants says that, since no proof of malice exists and no actual damages occurred, that count must also be dismissed.
The legal reply was submitted on behalf of Preserve the Legacy of Wrestling, commonly known as PLOW, the local group Taylor alleges overstepped the bounds of civil laws.
The defendants' attorney, Timothy J. Nieman of Harrisburg, notes the "defendants conducted an investigation of the LHU athletic department, from which they drew informed conclusions about (Taylor's) effectiveness as director of the department. The defendants disclosed the results of this investigation ...While (Taylor) may not have agreed with the assessment of her job performance or with the facts, the defendants had a constitutional right to express their opinion on how to improve the LHU athletic program and these opinions, expressed in four publications, were incapable of a defamatory meaning."
In other words, opinions are not facts and can't be judged or falsehood, he said.
PLOW is comprised of LHU alumni, boosters, community members and former students.
The group produced a document called, "Lock Haven University Athletics at a Crossroads."
In that document, PLOW complained of a "completely deteriorated" football program cluminating in a winless season, a breakdown in leadership within the athletic department, a less than competitive wrestling program, problems iwth fundraising for sports, the elimination of a men's swimming team, and the "horribly ill-timed and inhumane cancellation" of the unversity's baseball season on the eve of a playoff run.
In late December, Taylor reacted by filing a complaint against Austin Shanfelter, of 16845 Fox Den, Fort Myers, Fla.; Ronald Bowes, of 220 W. Water St., Lock Haven; Neil Turner, of 510 E. Guardlock Drive, Lock Haven; Thane Turner, of 222 Deer Field Lane, Lock Haven; Jerry Swope, of 857 W. Bald Eagle St., Lock Haven; Todd Bartley, general manager of ESPN 104.1, 210 Market St., Suite 207, Williamsport; and PLOW.
PLOW and its leadership, Shanfelter, Bowes, the Turners and Swope, were critical of the university athletic department and Taylor.
The suit alleges PLOW and the individual defendants have published and distributed literature containing numberous defamatory falsities and inaccuracies in order to portray the plaintiff in a negative light and to accomplish the organization's ultimate goal of forcing the plaintiff out of her position as athletic director.
The suit alleges PLOW and the individual defendants have also used various media outlets, including ESPN Radio and The Express, as a means for publishing and disseminating their defamtory statements about Taylor. Taylor alleges the Crossroads missive and an opinion-editorial page article in The Express entitled, "Time for Change in LHU athletic department is at hand," contained "a multitute of misstatements and outright lies" about Taylor and her performance as athletic director.
On Oct. 28, 2009, PLOW released an "Emergency Update" bulletin, which was published and disseminated by David La Torre, the owner of a public relations firm in Harrisburg. Taylor also claims that communication contained a multitude of false and defamatory statements about her.
She also points to an October 2009 PLOW publication entitled, "LHU Foundation Creates Special Fund," which was published and disseminated by La Torre, which she says made in an attempt to portray her in a negative light and to make it appear that she is untrustworthy and dishonest.
Finally, the Taylor suit alleges, Bartley, in his role at ESPN radio, has used the station as an outlet to disseminate the false information provided by PLOW, associated with the public effort to discredit Taylor, the suit alleges.
In each count, the plaintiff alleges false statements were made with a reckless disregard for the truth, with malice and with the intention of damaging Taylor's good name and reputation.
Each count requests the court to enter judgment in her favor and against defendants setting damages in excess of $50,000, "as well as punitive damages, and order any other such relief as the Court deems just and proper under the circumstances, including interest and costs of litigation.
The action was filed on Taylor's behalf by attorney Kathleen V. Yurchak of State College.
But, "Athletic Director Taylor's claims are without basis primarily because she cannot meet the heightened pleading and proof standard required of public figures who claim they have been libeled," PLOW's reply states.