Brodzki v. Fox Broadcasting Co.
2012 U.S. Dist. LEXIS 86900
| D. Del. | 2012Background
- Brodzki filed suit on September 20, 2010, pro se, alleging privacy and civil rights violations and various torts.
- Court screened the complaint under 28 U.S.C. § 1915, dismissed the original complaint, and allowed amended pleading.
- The amended complaint alleges defamation, slander, assault, battery, false imprisonment, and other claims against Fox Broadcasting Co. and its on-air personalities.
- Plaintiff resides in North Richland Hills, Texas, and alleges Sunday on-air statements during Fox pregame shows between Sept. 12 and Dec. 19, 2010 accused him of being a pedophile and referenced a boy’s genitalia.
- Defendant moved to dismiss for failure to state a plausible claim; plaintiff opposed; the court also considers prior related litigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the amended complaint plausibly states defamation or related torts. | Brodzki asserts defamatory statements by Fox broadcasters. | Brodzki’s claims are delusional/frivolous and lack plausible facts. | Defamation and related tort claims dismissed as not plausibly pled. |
| Whether the complaint states a 1983 civil-rights claim. | Brodzki asserts constitutional rights were violated by state-actor conduct. | Defendant is not a state actor; no color of state law. | § 1983 claim dismissed for lack of state-actor involvement. |
| Whether amendment would be futile given the pleading deficiencies. | N/A (not explicit in the record as a saving argument). | Amendment would be futile due to lack of credible basis. | Further amendment deemed futile; dismissal affirmed. |
| Whether the court should grant dismissal without leave to amend. | N/A. | Allegations are delusional and irrational; no grounds to amend. | Dismissal granted without leave to amend. |
Key Cases Cited
- Bickling v. Kent Gen. Hosp., Inc., 872 F. Supp. 1299 (D. Del. 1994) (elements of defamation under Delaware law)
- Spence v. Funk, 396 A.2d 967 (Del. 1978) (oral defamation requirements)
- Lloyd v. Jefferson, 53 F. Supp. 2d 643 (D. Del. 1999) (definition of assault under Delaware law)
- Brzoska v. Olson, 668 A.2d 1355 (Del. 1995) (definition of battery)
- Alston v. Parker, 363 F.3d 229 (3d Cir. 2004) (aforestating futility standard for § 1915 dismissals)
- Grayson v. Mayview State Hosp., 293 F.3d 103 (3d Cir. 2002) (futility/claim dismissal standard)
- Borelli v. City of Reading, 532 F.2d 951-52 (3d Cir. 1976) (futility considerations in § 1915 dismissals)
- Brodzki v. CBS Sports, 2012 WL 125281 (D.Del. 2012) (federal court ruled complaints delusional; cited as precedent (WL; not listed as key case due to WL citation))
- 464 F. App’x 43, (3d Cir. 2012) (3d Cir. 2012) (Third Circuit slip opinion confirming dismissal as frivolous)
- 464 F. App’x 44, (3d Cir. 2012) (3d Cir. 2012) (Third Circuit slip opinion affirming frivolous nature of claims)
- 481 F. App’x 705, (3d Cir. 2012) (3d Cir. 2012) (affirming denial of relief for delusional claims)