11th Circuit Tosses Fired Dolphins Assistant Coach's Defamation Case
The court ruled that Jim Turner is a public figure and has not cleared the hurdle for a defamation lawsuit—malice. Turner was suing the lawyers the NFL hired to investigate ex-Dolphin Jonathan Martin's abuse allegations.
January 19, 2018 at 10:03 AM
5 minute read
The U.S. Court of Appeals for the Eleventh Circuit has shut down a defamation lawsuit by a Miami Dolphins assistant coach fired over locker room harassment.
The court ruled that Jim Turner is a public figure and has not cleared the hurdle for a defamation lawsuit—malice. Turner was suing the lawyers the NFL hired to investigate ex-Dolphin Jonathan Martin's abuse allegations.
“We conclude that none of the challenged statements contained in the report are actionable for defamation,” Judge Frank Hull wrote in an opinion released Thursday. She was referring to a 144-page report on the investigation conducted at the NFL's request by attorney Ted Wells and his firm, Paul, Weiss, Rifkind, Wharton & Garrison.
“Further, no alleged omission or juxtaposition of facts in the report states a claim for defamation by implication. We also hold that Turner is a public figure who has failed to adequately plead that the defendants acted with malice in drafting and publishing the Report,” Hull wrote. She was supported by the other members of the panel: Senior Judge Joel Dubina and U.S. Court of International Trade Senior Judge Jane Restani, sitting by designation.
The opinion upheld U.S. District Judge Darrin Gayles of the Southern District of Florida in dismissing Turner's case.
“We are pleased that three judges of the court of appeals joined the trial judge in rejecting the lawsuit,” said Lewis Clayton of Paul Weiss, who spoke on the firm's behalf at oral arguments in December.
“We read the opinion with interest,” he added. “The most interesting thing for us is the case is over.”
Peter Ginsberg of Peter Ginsberg Law in New York represented Turner at oral arguments.
“It is disappointing that the court has given to the NFL Commissioner—and everyone else—the ability to pay for and manipulate a high-priced 'independent investigation,' ” Ginsberg said late Thursday by email. “ We fully expected to prove that the so-called 'independent investigation' was pre-ordained in terms of its 'findings.' We respect the court, and respect Ted Wells, but now must accept that an 'independent investigation' is a misnomer. Mr. Turner suffered significant and unfair damage as a result of the 'investigation' and the findings, but, fortunately, he has moved on with his life and career.”
The case swirled around Martin, an offensive lineman who played four years at Stanford University. The Dolphins picked him in the second round of the 2012 NFL draft, starting him in every game during that season, according to Hull.
“Martin's fellow offensive linemen subjected him to extensive taunting during his first year, referring to him with crude and often racially-insensitive terms. Martin's peers also disparaged his sister and mother with sexually explicit remarks,” Hull said. “Instead of fighting back, Martin decided to endure the harassment, believing that the bullying would subside after his rookie season ended with the Dolphins. But the taunting endured into the offseason, forcing Martin to realize that the bullying would likely continue into his second year with the Dolphins team.”
The abuse not only continued, it worsened, Hull said.
“Within a few months, Martin had had enough,” Hull wrote. “On October 28, 2013, Martin abruptly left a team dinner at the Dolphins practice facility. That same day, Martin checked himself into a hospital seeking psychiatric treatment.”
The media picked up the story and began to ask questions. In November, the NFL announced it had retained Paul Weiss—with Wells as the leader—to conduct “an independent investigation into issues of workplace conduct at the Miami Dolphins” and to prepare a report for the commissioner, which would be made public.
After interviewing more than a hundred witnesses and reviewing thousands of documents, the firm published the report on Feb. 14, 2014. The firm concluded Martin's teammates had subjected him to persistent harassment.
“The report noted that Dolphins coaches and players created a culture that enabled the bullying by discouraging players from 'snitching' on other players,” Hull wrote. She said the Paul Weiss lawyers concluded that “the treatment of Martin and others in the Miami Dolphins organization at times was offensive and unacceptable in any environment, including the world professional football players inhabit.”
Hull said the report implicated Turner, the offensive line coach, for unprofessional conduct that played a role. Five days later, the Dolphins fired Turner. Turner sued the lawyers, alleging defamation and attaching a copy of the report to the complaint. The district judge dismissed the case with prejudice for failure to state a claim, and Turner appealed.
“We disagree with Coach Turner's contention that he cannot be considered a limited public figure because he did not attempt to influence this public controversy,” Hull said. “When Turner took the job as the offensive line coach for the Dolphins NFL team, he thrust himself into the public limelight inherent in professional sports and well within the public controversy arising from Martin's bullying. Even if Turner's players were mainly responsible for the bullying, and therefore the scandal, this does not prevent Turner from becoming a public figure.”
Hull concluded that because Turner is a public figure, he must establish “actual malice” on the part of the Paul Weiss lawyers to maintain a defamation action, which he did not.
The case is Turner v. Wells, No. 16-15692.
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