Burke v. Task & Purpose
2:22-cv-04147
| W.D. Mo. | Jun 11, 2024Background
- Burke, a U.S. Marine veteran, traveled to Ukraine and became involved with L.P., an American woman, in March 2022.
- L.P. accused Burke of rape and assault; reports were filed with Polish and Ukrainian authorities, which led to a criminal investigation.
- Defendants Milburn (a journalist and member of the Mozart Group) and Recurrent Ventures (publisher of Task & Purpose) published an article and tweets reporting on the accusations and the search for Burke.
- Burke sued Milburn and Recurrent for defamation, intentional infliction of emotional distress (IIED), and civil conspiracy to commit assault and battery.
- Defendants moved for summary judgment on all claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Defamation (Substantial Truth of Statements) | Statements published by Milburn and Recurrent were false and defamatory | Statements were substantially true and supported by records | Summary judgment for Defendants; statements were substantially true |
| Defamation (Tweets) | Tweets by Milburn were defamatory | Tweets merely stated facts (search for accused) | Tweets not actionable; summary judgment for Defendants |
| IIED | Tweets sought to incite mercenaries to hunt Burke, causing extreme distress | No evidence of mercenary involvement or extreme conduct; tweets were not outrageous | No evidence of outrageous conduct or intent; summary judgment for Milburn |
| Civil Conspiracy | Milburn conspired to commit assault and battery | No underlying assault/battery claim alleged | No underlying tort; summary judgment for Milburn |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (standard for summary judgment)
- White v. McKinley, 519 F.3d 806 (summary judgment – inferences to non-movant)
- Rice v. Hodapp, 919 S.W.2d 240 (truth as absolute defense to defamation)
- Cockram v. Genesco, Inc., 680 F.3d 1046 (materiality of inaccuracies in defamation)
- Farmland Indus. v. Frazier-Parrott Commodities, Inc., 871 F.2d 1402 (no separate cause of civil conspiracy, must be tied to an actionable tort)
- Simpson v. Weeks, 570 F.2d 240 (same)