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However, if the statement is defamatory per quod, special damages must be alleged to sustain the claim. Eight police officers were there, off duty with their weapons.
Page Keeton et al., Prosser and Keeton on the Law of Torts § 112 (5th ed.1984)(in defamation per se, “existence of damage was conclusively presumed or assumed from the publication of the libel itself, without any evidence to show actual harm of any kind”). The son of the police woman stabbed the Mayor's bodyguard.
The other is the son of a very high ranking Denver police woman. I personally believe through sources telling the Morning Show on 630 KHOW there was a knife fight between two off duty Denver cops with other off duty Denver cops watching. It's so legit that there was a meeting on Friday of some, some police lieutenants about the Morning Show on 630 KHOW. My sources tell me its legit.”“Because when the Internal Affairs lieutenant called me on Friday, I said I know the caliber of the gun ․ and she said what is it and I said it's a three-eighty and there was silence so I know I'm right.”“Yeah, well, it's more than just scuttlebutt and rumors.
I have every reason to believe that this actually took place almost two months ago. One of them who was stabbed is on the Mayor's team of bodyguards. It has been played down and turned into some whole others version of the story.”“And at Twenty-first and Downing the parking lot of Pierre's Supper Club almost two months ago.
The same is true of the two publications alleging domestic violence. This conclusion was also noted by the supreme court in its earlier decision. We cannot get, ah, Chief Michaud or Butch Montoya or for that matter, anyone, to talk with us this morning.
Although defamatory meaning must be apparent from the statement itself for a statement to be defamatory per se, whether the statement is directed at the plaintiff can be established by extrinsic proof without rendering the publication defamatory per quod. However, as discussed, the contempt and subsequent sanctions at issue here were not for the failure to reveal sources, but for Boyles's failure to timely reveal other nonprivileged information. 16 (“The trial court imposed sanctions on Boyles under C. In all other respects, the judgment is reversed, and the case is remanded to the trial court for further proceedings. APPENDIXCount 1, April 10, 1997“Um, there is another story that I have been working on for two days.
If a libelous communication is defamatory per se, damage is presumed, and a plaintiff need not plead special damages. They never called, after the stabbing took place, they never called 911, they never called in back up, they never called for an ambulance. They said gang members jumped two of their, jumped these two and stabbed Officer Thomas and got away with the gun.
During the first three broadcasts, Boyles did not mention Gordon by name, but referred to the assailant as a “son of a high-ranking Denver police woman.” However, in the later broadcasts Boyles discussed Gordon's background and identified him by name. On remand, defendants moved for summary judgment on all plaintiffs' claims, which the trial court granted. In determining the existence of an issue of material fact, we assess the evidence in the light most favorable to the nonmoving party. Because this is a defamation case, in applying this standard, we ensure that First Amendment liberties have been respected by undertaking a full, independent examination of the record, see Di Leo v. 119, 613 P.2d 318 (1980), and by requiring the existence of a material fact to be established with convincing clarity. Restatement (Second) of Torts § 570; see Denver Publ'g Co. I believe one police officer brutally stabbed another. The traditional categories of slander per se are imputation of (1) a criminal offense; (2) a loathsome disease; (3) a matter incompatible with the individual's business, trade, profession, or office; or (4) serious sexual misconduct. One officer stabbed the other, that's what I was told ․ and I'm asking you what, and I understand, ah, ‘cause I said this earlier, the police, I understand, the police department much like the radios, ah, radio world, nothin’ happens that everybody doesn't know about ․ I was told that there was drinking, that, that an altercation took place, ah, that one officer stabbed another, that everyone has covered it up, hushed, hushed it.”“In other words, I talked to a couple of people that you and I both know and I, they said yeah, and not only did they say yeah, they said that it was an assault, the assault has been covered up, no one has filed any complaints.”Count II, April 11, 1997“We have another police story about what happened about a month and a half ago in the parking lot of Pierre's Supper Club, Twenty-first and Downing. There was drinking going on and a fight brought out between two of them.