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  • Middleton v. Sutton, 1st Cir. (1996)

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    The US Court of Appeals for the First Circuit upheld a district court's grant of summary judgment in favor of defendants in a libel suit brought by William Middleton. The district court found that a television program that portrayed Middleton as sexually abusing and exploiting his own children, while inflammatory, was based on some evidence and investigation of key charges against Middleton. The only exception was an unsubstantiated claim that Middleton was involved in a child pornography murder ring, but the appeals court said Middleton failed to adequately stress this claim in opposing summary judgment. The appeals court agreed no factual issue remained as to the adequacy of the investigation into the charges against Middleton covered in the program.

    Original Description:

    Filed: 1996-01-09 Precedential Status: Precedential Docket: 95-1385

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    The US Court of Appeals for the First Circuit upheld a district court's grant of summary judgment in favor of defendants in a libel suit brought by William Middleton. The district court found that a television program that portrayed Middleton as sexually abusing and exploiting his own children, while inflammatory, was based on some evidence and investigation of key charges against Middleton. The only exception was an unsubstantiated claim that Middleton was involved in a child pornography murder ring, but the appeals court said Middleton failed to adequately stress this claim in opposing summary judgment. The appeals court agreed no factual issue remained as to the adequacy of the investigation into the charges against Middleton covered in the program.

    Copyright:

    Public Domain
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    10 views8 pages

    Middleton v. Sutton, 1st Cir. (1996)

    Uploaded by

    Scribd Government Docs
    The US Court of Appeals for the First Circuit upheld a district court's grant of summary judgment in favor of defendants in a libel suit brought by William Middleton. The district court found that a television program that portrayed Middleton as sexually abusing and exploiting his own children, while inflammatory, was based on some evidence and investigation of key charges against Middleton. The only exception was an unsubstantiated claim that Middleton was involved in a child pornography murder ring, but the appeals court said Middleton failed to adequately stress this claim in opposing summary judgment. The appeals court agreed no factual issue remained as to the adequacy of the investigation into the charges against Middleton covered in the program.

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    of 8

    USCA1 Opinion

    January 9, 1996

    [NOT FOR PUBLICATION]

    UNITED STATES COURT OF APPEALS


    FOR THE FIRST CIRCUIT

    ____________________

    No. 95-1385

    WILLIAM THOMAS MIDDLETON,

    Plaintiff, Appellant,

    v.

    ELIZABETH SUTTON, ET AL.,

    Defendants, Appellees.

    ____________________

    APPEAL FROM THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF NEW HAMPSHIRE

    [Hon. Paul J. Barbadoro, U.S. District Judge]


    ___________________

    ____________________

    Before

    Selya, Cyr and Boudin,


    Circuit Judges.
    ______________

    ____________________

    William Thomas Middleton on brief pro se.


    ________________________
    William L. Chapman and Orr and Reno, Prof. Assoc. on brief
    ___________________
    ____________________________
    appellees.

    ____________________

    ____________________

    Per Curiam.
    __________

    possession

    of

    child

    The plaintiff, now

    pornography,

    was

    serving a term for

    the

    subject

    of

    television program that portrayed him as one who had sexually

    abused and exploited his

    libel action by

    program, the

    whether

    met

    In this

    the plaintiff against those

    district court ruled on

    the program was accurate

    the local libel

    their

    own children.

    Enterprises, Inc.,
    _________________

    See,
    ___

    125 N.H.

    involved in the

    summary judgment that,

    or not, the defendants had

    rules by exercising

    investigation.

    jury waived

    e.g.,
    ____

    reasonable care in

    Duchesnaye
    __________

    244, 251 (1984);

    v.

    Munro
    _____

    accord, e.g.,
    ______ ____

    Kassel v. Gannet Co., 875 F.2d 935, 943 (1st Cir. 1989).
    ______
    __________

    the reasons given

    factual

    issue

    was

    by the

    district court, we

    presented

    investigation on those charges.

    as

    to

    the

    agree that

    adequacy

    For

    no

    of the

    The

    pretence

    television program

    itself, despite

    a shallow

    at serious reporting, was -- as to the plaintiff --

    a highly colored and inflammatory version of the events.

    But

    there seems to have been at least some evidence for, and some

    investigation

    exception

    of, various

    key charges.

    that was

    plaintiff

    most dramatic

    was the suggestion, for which we have been offered

    no evidence whatever, that

    ring

    The

    involved

    himself

    plaintiff served in a pornography

    in the

    failed

    to

    murder

    of children.

    stress

    this

    adequately in opposing summary judgment, it went

    -2-

    murder

    But

    claim

    unmentioned

    by

    the district

    judge,

    resurrect it now.

    Affirmed.
    ________

    and we

    think

    it

    is too

    late

    to

    -3-

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