Dana Desjardins v. Michael Reynolds
162 A.3d 228
| Me. | 2017Background
- Desjardins, a Raymond town official, sued selectman Michael Reynolds alleging Reynolds made false reports to the county sheriff claiming Desjardins drove to town meetings while intoxicated; remaining claims were defamation and false light invasion of privacy.
- Reynolds removed to federal court; federal claims were dismissed and the First Circuit returned the state-law claims to Maine Superior Court.
- Reynolds filed a special motion to dismiss under Maine’s anti‑SLAPP statute, 14 M.R.S. § 556; the Superior Court granted the motion and dismissed the remaining state claims; Desjardins appealed.
- On appeal the Maine Supreme Judicial Court considered: (1) whether Reynolds’ statements to law‑enforcement constituted petitioning activity under § 556, and (2) whether Desjardins made a prima facie showing that Reynolds’ petitioning caused “actual injury.”
- The Court treated Reynolds’ statements to the sheriff as petitioning activity, accepted that at least one statement lacked reasonable factual support, and focused on whether Desjardins established “actual injury” under § 556.
- The Court held Desjardins failed to show “actual injury” as required by § 556 because (a) he asserted in opposition an attorney‑fee expenditure not claimed in his complaint, which cannot be considered at the anti‑SLAPP stage, and (b) his emotional harms were not shown to be so severe as to be compensable under Maine law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Reynolds’ statements to law enforcement are protected petitioning activity under § 556 | Desjardins did not dispute that the statements were petitioning activity | Reynolds argued his reports to sheriff were petitioning activity protected by § 556 | Held: Statements to sheriff qualify as petitioning activity |
| Whether Desjardins made a prima facie showing that petitioning was "devoid of any reasonable factual support or any arguable basis in law" | Desjardins argued at least one statement lacked factual support; he met the prima facie showing on that element | Reynolds did not contest the Superior Court’s conclusion that at least one statement lacked support | Held: Court accepted that Desjardins satisfied the lack‑of‑support element for at least one statement |
| Whether Desjardins established "actual injury" under § 556 | Desjardins claimed emotional distress from a traffic stop and later (in opposition) an unpleaded $500 attorney investigation fee | Reynolds argued Desjardins failed to show compensable, reasonably quantifiable damages required by § 556 | Held: Desjardins failed as a matter of law to show "actual injury" — unpleaded attorney fee not considered; emotional harms not shown to be sufficiently severe or quantifiable |
| Whether the case should proceed to limited discovery/evidentiary hearing under Gaudette if prima facie showing met | Desjardins argued his evidence sufficed to proceed | Reynolds argued plaintiff failed prima facie on "actual injury," so Gaudette procedures were inapplicable | Held: Because plaintiff failed prima facie on "actual injury," no remand for Gaudette procedures was required; dismissal affirmed |
Key Cases Cited
- Schelling v. Lindell, 942 A.2d 1226 (Me. 2008) (defines anti‑SLAPP burden shifting and requires "actual injury" to be reasonably certain/quantifiable)
- Nader v. Me. Democratic Party (Nader I), 41 A.3d 551 (Me. 2012) (clarifies anti‑SLAPP standards and plaintiff’s prima facie burden)
- Morse Bros., Inc. v. Webster, 772 A.2d 842 (Me. 2001) (describes SLAPPs and purpose of special motion to dismiss)
- Gaudette v. Davis, 160 A.3d 1190 (Me. 2017) (establishes additional procedures—limited discovery and evidentiary hearing—if plaintiff meets prima facie burden)
- Maietta Constr., Inc. v. Wainwright, 847 A.2d 1169 (Me. 2004) (requires evidence from which damages may be determined with reasonable certainty)
- Curtis v. Porter, 784 A.2d 18 (Me. 2001) (emotional distress compensable only when so severe that no reasonable person could be expected to endure it)