PIERCE V. THE CLARION LEDGER 452 F.Supp. 2d 661 (2006) CASE BRIEF

PIERCE V. THE CLARION LEDGER

452 F.Supp. 2d 661 (2006)

NATURE OF THE CASE: Pierce (P), a Mississippi Bureau of Narcotics (MBN) official, sued Clarion (Ds) defendants, a reporter, a newspaper, and a publishing company for negligent infliction of emotional distress, invasion of privacy, libel. A motion for summary judgment was granted. P amended for breach of contract and Ds moved for summary judgment.

FACTS: P filed this lawsuit alleging claims for negligent infliction of emotional distress, invasion of privacy and libel and seeking damages on account of a defamatory article in The Clarion Ledger newspaper. The article described allegations in an internal memo prepared by Mississippi Bureau of Narcotics (MBN) agent Roy Sandefer and directed to then-director of the MBN, Frank Melton. The memo described Sandefer's interview of a confidential source who reported to Sandefer that P, a former MBN official, had arranged the transfer of two state-owned planes, valued at $ 1 million, to the Gulf Coast area, one to the Harrison County Sheriff's Department and the other to the Hancock County Port Authority, for the personal use of a top aide to Senator Trent Lott. The memo recited that P had arranged the transfer to garner political influence so that he could secure appointment as head of the federal drug program in Mississippi, a position which he did subsequently receive. It also alleged that P had given away weapons that were confiscated during MBN raids. The article described the contents of the Sandefer memo, reported that the MBN had referred the matters addressed in the memo to the state auditor for further review, and recited that P had been contacted and denied the allegations against him. P sued and demanded a retraction. Ds moved for summary judgment and won while P was permitted to amend and did so to a breach of contract action as a third party beneficiary. Melton admitted that he had provided the memo and claimed that he had asked Ana Radelat to keep it secret until she 'checked it out.' The breach of contract claim is based on P's contention that The Clarion Ledger violated a contract between Radelat and Melton, of which Pierce was a third-party beneficiary, pursuant to which Radelat and Melton agreed that Melton would provide Radelat with a copy of the Sandefer memo and in return, Radelat would keep the information confidential 'for the time being,' and would not print the information 'until the unsubstantiated allegations had been thoroughly checked out.' Ds moved for summary judgment

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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