Eddie Anthony Patterson v. T v. Channel 25 Broadcast Station and Its Reporter on March 29, 2010 1909 S New Road, Waco, Texas 76711
06-15-00046-CV
| Tex. App. | Dec 17, 2015Background
- Plaintiff Eddie Anthony Patterson, pro se and incarcerated, sued “TV Channel 25 Broadcast Station and Its Reporter on March 29, 2010” (properly Centex Television LP) alleging defamation and constitutional violations based on a March 29, 2010 broadcast reporting his aggravated-kidnapping conviction and plea.
- The broadcast recited facts from Patterson’s plea and admissions in court about the June 24, 2009 incident.
- Centex filed a motion to dismiss under Texas R. Civ. P. 91a and the Texas Citizens Participation Act (Chapter 27), arguing statute of limitations, failure to plead a prima facie defamation claim (truth/substantial truth; no wrongful conduct), and lack of state action for constitutional claims.
- Patterson also moved for appointment of IOLTA-funded or pro bono counsel; the trial court denied that motion.
- The trial court granted Centex’s motion and dismissed Patterson’s claims; Patterson appealed the denials and dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by denying appointment of counsel | Patterson sought court-appointed IOLTA/pro bono counsel because he is incarcerated and indigent | Centex: appointment not required; Patterson failed to file the required affidavit/declaration, and case is not an "exceptional circumstance" warranting appointment | Denial affirmed: no affidavit under Gov't Code §24.016/§132.001; not an exceptional case (simple defamation claim) |
| Whether claims are barred by limitations | Patterson asserted tolling based on an earlier federal suit filed in 2012 | Centex: causes of action accrued March 29, 2010; defamation = 1-year limitation; other torts/constitutional claims = 2 years; suit filed March 13, 2015, so untimely | Dismissal affirmed as time-barred; tolling argument rejected (no record support and federal dismissal did not show lack of jurisdiction required by §16.064) |
| Whether Patterson pleaded a prima facie defamation claim | Patterson alleges broadcast defamed him | Centex: broadcast was true or substantially true; Patterson (private figure) bears burden to show falsity; no allegation or proof of negligence or malice | Dismissal affirmed: Patterson failed to allege falsity and wrongful conduct (no negligence/actual malice), so cannot carry prima facie case |
| Whether constitutional claims against Centex survive | Patterson asserted constitutional violations | Centex: private broadcaster; not a state actor; thus cannot be liable under §1983 or similar constitutional theories | Dismissal affirmed: Centex is not a state actor; Patterson conceded constitutional claims were no longer pressed |
Key Cases Cited
- Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40 (U.S. 1999) (state-action requirement for constitutional claims; private conduct outside §1983 scope)
- Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767 (U.S. 1986) (private-figure plaintiffs must prove falsity to recover defamation damages from media defendants)
- Wilson v. Garcia, 471 U.S. 261 (U.S. 1985) (constitutional claims’ statute of limitations characterized as personal-injury statutes)
- Kelley v. Rinkle, 532 S.W.2d 947 (Tex. 1976) (defamation statute of limitations is one year)
- Travelers Indemnity Co. v. Mayfield, 923 S.W.2d 590 (Tex. 1996) (no constitutional right to appointed counsel in civil cases; appointment governed by statute and limited to exceptional circumstances)
- Gibson v. Tolbert, 102 S.W.3d 710 (Tex. 2003) (requirements and narrow scope for appointing counsel to indigent civil litigants)
- McIlvain v. Jacobs, 794 S.W.2d 14 (Tex. 1990) (truth or substantial truth defeats defamation claims; focus on gist/sting of statement)