Court Dismisses Defamation Lawsuit by Lawyer Against Prosecutor

In Kentucky, Kenton Circuit Court Judge Martin Sheehan has put an end to a relatively rare case of a lawyer suing a prosecutor for defamation. The lawsuit by lawyer (and radio personality) Eric Deters against Kenton Commonwealth’s Attorney Rob Sanders was thrown out on the basis that comments made about Deters were merely opinion.

Sanders used Twitter and Facebook to attack Deters. According to reports, he also sued County Attorney Garry Edmondson.

Part of the defamation involves Sanders’ statement that an $11 million libel judgment by Deters may be thrown out because he may have served the wrong website. Sanders wrote: “Ooops … so much for that $11M. I actually feel sorry for this cheerleader. No one should be treated that way. I know how it feels to be libeled by anonymous bloggers. Been There. But she should have hired a reputable attorney!”

As reported by the ABA Journal and other news organizations, Deters secured the impressive judgment in representing a schoolteacher who allegedly was falsely accused online of both an affair with a football player and having two venereal diseases. However, Hooman Karamian, known as Nik Richie, is the owner of — the site directly responsible and he has stated that neither he nor his company were served.

It is hard to see how such an observation would be defamation and that was the view of Judge Sheehan: “Sanders’ comments were simply expressions of his opinion. It matters not if such opinion was wrong, uninformed or pernicious. His comments were, and are, constitutionally protected.”

Deters has indicated that he will not appeal and promised “I’m going to ignore my enemies. This includes Rob Sanders. My life is good.” For this part, Sanders insists that he would not have made the comments if he knew Deters would read them. “I didn’t know Mr. Deters follows my Twitter or Facebook. If I had, I wouldn’t have said anything to hurt his feelings.” That is a rather dubious rationale. If you are going to write things about someone, you should do so with the understanding that you would say the same things directly to them. However, Sanders insists “I made the mistake of acknowledging Eric Deters existence. I won’t make the same mistake again.”

A happy legal ending.

Source: ABA and Cincinnati

11 thoughts on “Court Dismisses Defamation Lawsuit by Lawyer Against Prosecutor”

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  2. I came back to elaborate on my comment more. I don’t have a criminal record. I complained that Kevin Bennett in Steamboat Springs CO built extra buildings at 701 Princeton that violated the zoning and that he might be dealing drugs. He recently admitted that he was a convicted drug dealer. The buildings are visible from the street but invisible to the assessor. Bennett was the president of the city council.

    Because I complained about the buildings, I was criminally prosecuted in Routt County. There was no warrant and no arrest. The prosecution was initiated by Jane Bennett who signed a form as a police officer even though she was only Bennett’s wife.

    I pled not guilty and the criminal charges were dismissed. But the prosecutor said that Jane Bennett was my victim but a trial was too expensive. She refused to say what the probable cause was. She was married to a real estate speculator Chris Wittemyer. He got a permit for a new ski area at Stagecoach.

    I sued the Steamboat Pilot, Kevin Bennett, and the City of Steamboat. They had insurance from Mutual Insurance of Bermuda and Underwriters at Lloyds London. They arranged for my case to be dismissed without a memorandum opinion or a trial. They arranged for a court order from Judge Nottingham that I should pay them $100 K for unstated reasons. They arranged for a NO PRO SE order without a statutory basis or finding of fraud on my part. Then it turned out that the whole time Nottingham was obsessed with or at least really interested in and spending time with prostitutes and lap dances.

    I tried to sue the Steamboat Pilot again to get them to stop publishing about me but their lawyer asked Nottingham to extort me and my husband so that we wouldn’t get a trial where anything would be determined about the accuracy of what the Pilot was publishing. Nottingham was glad to do that and so were the U.S. Marshals. They just skipped all written procedure, the government prosecutor, criminal complaint, arraignment, bail hearing, trial etc. I couldn’t believe that the USMS systems were so weak. DOJ didn’t want to admit that they just go around kidnapping innocent people and throwing them in dungeons so they tried to cover it up. I go around telling people whenever I can so they will know not to trust our courts and not to trust USMS or DOJ.

  3. I have what I think is a sure fire defamation case against The Steamboat Pilot WorldWest LLC but DOJ put me in jail to stop me from pursuing it. I guess the reason is because the facts were related to my original lawsuit against the City of Steamboat Springs et al. That case got no trial and no memorandum opinion. I think that people associated with that case paid for prostitutes for former judge Nottingham and that because I actually had a claim he didn’t write a memorandum opinion. Then it was all cover up from there on.

    I asked them to just take down the articles but they said that they can print anything they want about me and there is nothing I can do to stop them.

  4. AN,

    This is AY…OK….sometimes the prosecutor will not dismiss a case even though the bone head knows he does not stand a chance in hell in winning….why? Simple..professional courtesy to law enforcement. In a lot of jurisdictions the LEO’s call the shots….shoot then too…that way they don’t have to worry about court…simple easier and done with..

    Then there are the the ones that want to teach you a lesson of who is in power….they take these bone head cases and some defense attorneys convince the client to take a plea off as it would be easier….yeah on them and plus the county pays them….conflict…yeah…big time….take too many to trial and I am sorry budget constraints cause them to look elsewhere for a low life plea bargain defense attorney….there are shit loads out there….

    RFK used RICO which stands for Racketeer Influenced and Corrupt Organizations Act…I take down some of the family….this is why I do not think Lee worked alone…but hey LBJ became the man after that….

    It may not be a single charge that they can pin on an individual but if they have enough credible evidence to say you were involved and you don’t have a good alibi…well..they charge you and make you go away for a very long time….some never to be heard from ever again….

    RICO cuts both ways….but it has never been used to charge Prosecutors and LEO’s but it should be….BTW….Congress is immune from being charged and or convicted of criminal activity while in session….

    Then again…who knows whats going to happen….I did read about a DA and Sheriff being arrested for Drunk Driving…in the same county none the less…I await to hear the disposition of those charges….

    If you need better amplification…or clarification Buddha is your ma….he knows all the ins and out of the twisted legal system….then again…I’d love to hear other opinions of the LEO’s……like FF LEO…very much interested…..

  5. If it was a Commonwealth’s Attorney then this must have taken place in Kenton County, KY (Covington), part of Greater Cincinnati.

  6. Oh well….soon…soon one will stick….one can hope….using the criminal law to further criminal enterprise by the law enforcement community…this should be stopped…how about that RICO….

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