25 Jan 2010
Defensive Win, More or Less, for Minnesota Advocates for Human Rights
Plaintiff George Boley claimed that he was defamed by Jennifer Prestholdt, Deputy Director of the MAHR, in a 11/16/06 interview with Kerri Miller, Minnesota Public Radio, regarding alleged crimes in Liberia and a related Truth and Reconciliation Commission.
Defendants Prestholdt and the MAHR, represented by Faegre & Benson, sought summary judgment on their anti-SLAPP defense and their declaratory judgment counterclaim (i.e., seeking a declaration from the Court that Prestholdt did not defame Boley).
Boley’s claim was thrown out as beyond the statute of limitations. The summary judgment on MAHR’s declaratory judgment claim was rejected as a prohibited “advisory opinion” because Boley’s claim was DOA and, consequently, there was no “case or controversy” underlying the sought-after declaratory relief.
The MAHR’s anti-SLAPP claim was tossed because it was brought as an affirmative defense rather than a counterclaim. Original complaint and opinion after the jump.
