Wiggins v. Mallard

Summary

The Supreme Court of Alabama reviewed summary judgments in a defamation action arising from a newspaper report incorrectly identifying Raymond Wiggins as having been arrested on drug charges. The court held that the qualified privilege for fair and accurate reports of official proceedings could not be resolved as a matter of law because the alleged source and reporter gave conflicting accounts of their conversation. It also held that testimony indicating that a defendant intentionally lied may constitute substantial evidence of common-law malice sufficient to overcome a qualified-privilege defense, and it reversed and remanded.

Holdings

1. The newspaper and its managing editor were not entitled to summary judgment on qualified-privilege grounds because application of the privilege depended on whether the publication was an accurate or substantially accurate report, and that issue turned on conflicting testimony about the underlying conversation.
2. The plaintiffs presented substantial evidence creating a genuine issue of material fact as to common-law malice because the unequivocal testimony of the two defendants was mutually inconsistent and indicated that one of them intentionally lied about the plaintiff's arrest.
3. The trial court erred in entering summary judgment for the newspaper, its managing editor, the police chief, and the Town of East Brewton.

Questions Presented

1. Whether the newspaper and its managing editor were entitled to summary judgment on the ground that the publication was protected by Alabama's qualified privilege for fair and accurate reports of arrests and official investigations.
2. Whether the plaintiffs presented substantial evidence creating a genuine issue of material fact as to common-law malice sufficient to overcome the qualified privilege asserted by the police chief and the municipality.
3. Whether testimony indicating that one of two defendants intentionally lied about the plaintiff's identity and arrest constitutes substantial evidence of common-law malice.

Disposition

reversed_and_remanded