Sisley v. Seattle Public Schools
Sisley v. Seattle Public Schools
Opinion of the Court
¶1 To overcome a defendant’s motion for summary judgment dismissal in an action for defamation, a plaintiff must establish falsity, unprivileged communication, fault, and damages. Here, the plaintiff failed to do so and thus the summary judgment dismissal of the defamation claim was appropriate. We affirm the trial court’s order.
FACTS
¶2 In March 2009, The Roosevelt News, Roosevelt High School’s student newspaper, published an article entitled, “Sisley Slums Cause Controversy: Developers and neighborhood clash over land use.” The article, written by Emily Shugerman, a student at Roosevelt High School, discussed the controversy regarding development plans on properties surrounding the high school — properties owned by brothers Drake and Hugh Sisley (the Sisley brothers). Shugerman’s article stated:
A fixture on the landscape of Roosevelt, the “Sisley Slums” are the run-down houses located on the block west of 15th and 65th. Also endearingly referred to as the “crack shacks” or “ghetto houses”, these buildings are rental houses owned by the infamous landlords Drake and Hugh Sisley. The Sisleys own more than forty pieces of property in Northeast Seattle, and have a bad reputation amongst both locals and city officials. In fifteen years these brothers have acquired 48 housing and building maintenance code violations, and have also been accused of racist renting policies. In his defense, Drake Sisley says that bad renters are to blame for the accumulating violations. No matter what the reason, the houses have become*86 a well-known eye sore - but the neighborhood may not have to deal with them for much longer.[1 ]
¶3 Following the publication of the article, Drake and Antoinette Sisley (collectively Sisley) filed an action against the Seattle Public Schools (district) for defamation and libel. The district moved for summary judgment pursuant to CR 56. The district asserted that Sisley’s vicarious liability theory failed as a matter of law because a public school student is not an agent or employee of the school district for whom the district may be vicariously liable for the intentional tort of defamation. The district additionally contended that dismissal of Sisley’s claim was appropriate because Sisley was unable to prove the elements of defamation.
¶4 In support of its motion for summary judgment, the district cited several articles printed in various Seattle newspapers. Each of the articles concerned the deplorable conditions of the Sisley brothers’ rental properties, referring to the brothers as among Seattle’s worst “slumlords” and reporting on the numerous housing code violations on their properties. Many of the articles also describe the Sisley brothers’ relationship with Keith Gilbert, the founder of a white supremacist organization, who had been convicted of multiple racist hate crimes.
¶5 The trial court granted summary judgment dismissal. Sisley appeals.
ANALYSIS
¶6 Sisley contends that the article in the newspaper was false, defamatory, slanderous, and maliciously published. Sisley
¶7 In its review of a summary judgment order, this court engages in the same inquiry as the trial court.
¶8 The element primarily at issue in this case is falsity. “Falsity in a classic defamation case is a false statement.”
With respect to falsity, Washington does not require a defamation defendant to “prove the literal truth of every claimed defamatory statement.” “A defendant need only show that the statement is substantially true or that the gist of the story, the portion that carries the ‘sting,’ is true.” “The ‘sting’ of a report is defined as the gist or substance of a report when considered as a whole.” In applying this test, [the court] require [s] plaintiffs to show that the false statements caused harm distinct from the harm caused by the true portions of a communication.[13 ]
¶9 “Where a report contains a mixture of true and false statements, a false statement (or statements) affects the ‘sting’ of a report only when ‘significantly greater opprobrium’ results from the report containing the falsehood than would result from the report without the falsehood.”
¶10 In Sisley, this court focused on the same student article and found that as to Hugh Sisley, the statement that the brothers had been “accused of racist renting policies” was not defamatory.
¶11 Sisley argues that the property he owns is in the University or Lake City District, not the Roosevelt District, even though at least four of his rental properties are within approximately one mile of the high school. As noted previously, this argument fails because the article is not limited to just the Roosevelt District. Sisley also argues that his properties are not run down. He admits that he has received over 40 notices of violations but asserts that he corrected those violations promptly. However, one of those properties involved a lawsuit with two tenants who successfully sued him over the rat infestation in their rental property.
¶12 Sisley’s primary complaint regards the article’s reference to the properties as “crack shacks.” Sisley argues that it is libelous per se because it accuses him of criminal behavior, thus holding him up to ridicule. A publication is libelous per se if it “tends to expose a living person to hatred, contempt, ridicule or obloquy, or to deprive him of the benefit of public confidence or social intercourse,
¶13 Affirmed.
Review denied at 180 Wn.2d 1024 (2014).
Underlined portions of the article are the specific statements Sisley asserts are defamatory.
This is one of several grounds on which the trial court granted the district’s motion for summary judgment dismissal of the Sisley claim. We need not address the other reasons given for dismissal in order to resolve this case and, therefore, do not do so.
Camer v. Seattle Post-Intelligencer, 45 Wn. App. 29, 35, 723 P.2d 1195 (1986).
LaMon v. Butler, 112 Wn.2d 193, 197, 770 P.2d 1027 (1989).
Mark v. Seattle Times, 96 Wn.2d 473, 493, 635 P.2d 1081 (1981).
Mark, 96 Wn.2d at 493 (emphasis and internal quotation marks omitted) (quoting Taskett v. KING Broad. Co., 86 Wn.2d 439, 443, 546 P.2d 81 (1976)).
Lee v. Columbian, Inc., 64 Wn. App. 534, 538, 826 P.2d 217 (1991).
Lee, 64 Wn. App. at 538 (quoting Exner v. Am. Med. Ass’n, 12 Wn. App. 215, 219, 529 P.2d 863 (1974)).
Yeakey v. Hearst Commc’ns, Inc., 156 Wn. App. 787, 792, 234 P.3d 332 (2010).
Yeakey, 156 Wn. App. at 792.
Mohr v. Grant, 153 Wn.2d 812, 823, 108 P.3d 768 (2005).
Mohr, 153 Wn.2d at 825.
Mohr, 153 Wn.2d at 825 (citations omitted) (quoting Mark, 96 Wn.2d at 494; Herron v. KING Broad. Co., 112 Wn.2d 762, 769, 776 P.2d 98 (1989)).
Herron, 112 Wn.2d at 769 (citing Mark, 96 Wn.2d at 496).
Mohr, 153 Wn.2d at 827.
171 Wn. App. 227, 234, 286 P.3d 974 (2012) (quoting Mark, 96 Wn.2d at 494), review denied, 176 Wn.2d Í015, 297 P.3d 706 (2013).
Although Shugerman does not now recall where she learned that the Sisley brothers had been “accused of racist renting policies,” it is the Sisleys’ burden to show that the statement is false, not Shugerman’s burden to demonstrate its truth. Schmalenberg v. Tacoma News, Inc., 87 Wn. App. 579, 591, 943 P.2d 350 (1997).
Sisley, 171 Wn. App. at 235 (emphasis omitted) (citing Herron, 112 Wn.2d at 769).
Schmalenberg v. Tacoma News, Inc., 87 Wn. App. 579, 591 943 P.2d 350 (1997).
At the deposition, Sisley noted that it was he who sued the tenants. After he received the tenants’ demands, Sisley went in and obtained a restraining order against the tenants, which was issued ex parte and later quashed.
Purvis v. Bremer’s, Inc., 54 Wn.2d 743, 751, 344 P.2d 705 (1959).
Maison de Fr., Ltd. v. Mais Oui!, Inc., 126 Wn. App. 34, 45, 108 P.3d 787 (2005) (citing Ward v. Painters’ Local Union No. 300, 41 Wn.2d 859, 252 P.2d 253 (1953)).
Reference
- Full Case Name
- Drake H. Sisley v. Seattle Public Schools
- Cited By
- 9 cases
- Status
- Published