Bert Martin v. Anne Smith and Jeremiah Johnson

Summary

The Mississippi Court of Appeals affirmed the dismissal under Mississippi Rule of Civil Procedure 12(b)(6) of Bert Martin’s claims against Anne Smith and Jeremiah Johnson. The court held that Martin failed to identify specific defamatory or slanderous statements made by either defendant and did not adequately allege when, to whom, or how other statements caused harm. The court did not decide whether the Facebook post itself was defamatory.

Holdings

1. Martin failed to state a viable defamation or slander claim because he did not identify any defamatory statement actually made by Smith or Johnson, nor provide sufficient details concerning the alleged statements at local businesses and board meetings.
2. The circuit court properly dismissed Martin's complaint under Mississippi Rule of Civil Procedure 12(b)(6).

Questions Presented

1. Whether Martin's complaint adequately pleaded a defamation or slander claim where it did not identify specific defamatory statements made by Smith or Johnson.
2. Whether the circuit court properly dismissed the complaint under Mississippi Rule of Civil Procedure 12(b)(6).

Disposition

affirmed