Ciolino v. Simon
2020 IL App (1st) 190181
Ill. App. Ct.2021Background:
- Paul Ciolino, a private investigator who worked with Northwestern’s Innocence Project, obtained a videotaped confession from Alstory Simon; Simon later pled guilty but his conviction was vacated and he was released after prosecutorial review due to alleged coercive investigative tactics.
- William Crawford wrote “Chimera” (2011) and later published Justice Perverted (book, June 9, 2015); Andrew Hale and Whole Truth Films released a documentary, A Murder in the Park, which premiered Nov. 17, 2014 and later aired nationally.
- Ciolino sued defendants (book authors, filmmakers, lawyers, state’s attorney, bloggers, and investigators) for defamation, false light, IIED, and conspiracy based on statements in the book and film.
- Ciolino first filed a counterclaim in federal court on April 27, 2016; it was dismissed for lack of jurisdiction on Jan. 3, 2017; he refiled in Illinois state court Jan. 2, 2018 and invoked the Illinois Savings Statute to use the April 27, 2016 filing date for limitations purposes.
- The trial court dismissed all claims as time barred; the appellate court affirmed dismissal only as to Anita Alvarez (based on an Oct. 30, 2014 press conference) but reversed dismissal as to the other defendants, reinstating the claims and remanding for further proceedings.
Issues:
| Issue | Plaintiff's Argument (Ciolino) | Defendant's Argument | Held |
|---|---|---|---|
| Accrual date for claims based on A Murder in the Park (film) | Ciolino lacked knowledge of the film's content at the NYC premiere; statute should run from later Chicago premiere or national airing | Limitations began at Nov. 17, 2014 NYC premiere and published publicity put Ciolino on notice | Court: question of fact; discovery rule may apply where publication was not generally available; claims not time-barred as matter of law |
| Publication date / single-publication rule for Crawford’s work (Chimera vs. Justice Perverted) | Counts accrue from book publication (June 9, 2015) | Crawford: statements were published in 2011 in “Chimera” (or posted online), so limitations ran earlier | Court: insufficient evidence that “Chimera” was published or read by third parties; Justice Perverted treated as the operative publication |
| Alvarez statements reproduced in film (press conference clips) | Ciolino: film republication created new actionable publication | Alvarez: original Oct. 30, 2014 press conference was widely reported; single-publication rule applies | Court: single-publication rule bars new claim; Ciolino knew of Alvarez’s statements Oct. 30, 2014; claims against Alvarez time-barred |
| IIED, savings statute, and conspiracy claims | IIED and conspiracy timely under Savings Statute (operative federal filing Apr. 27, 2016); conspiracy depends on underlying torts | Defendants: IIED barred by personal-injury limitations; conspiracy barred if underlying torts time-barred | Court: trial court erred—Savings Statute controls; IIED claims not time-barred; conspiracy reinstated (underlying torts not proven time-barred) |
Key Cases Cited
- Tom Olesker’s Exciting World of Fashion, Inc. v. Dun & Bradstreet, Inc., 61 Ill. 2d 129 (Ill. 1975) (discovery rule applied to defamation accrual where publication not readily discoverable)
- Bryson v. News America Publications, Inc., 174 Ill. 2d 77 (Ill. 1996) (Illinois Savings Statute permits refiling in state court after federal dismissal for lack of jurisdiction)
- Blair v. Nevada Landing Partnership, 369 Ill. App. 3d 318 (Ill. App. Ct. 2006) (single-publication rule: one cause of action for a single publication)
- Missner v. Clifford, 393 Ill. App. 3d 751 (Ill. App. Ct. 2009) (whether publication occurred is generally a question for the jury)
- Moore v. People for the Ethical Treatment of Animals, Inc., 402 Ill. App. 3d 62 (Ill. App. Ct. 2010) (defamation accrual principles reaffirmed)
- Feltmeier v. Feltmeier, 207 Ill. 2d 263 (Ill. 2003) (statute of limitations for intentional infliction of emotional distress and nature of personal-injury claims)