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Smith v. Hutsville Times Company3/12/2004
Edward W. Smith appeals from a summary judgment in favor of The Huntsville Times Company, Inc. ("the Times"), and David Person, an editorial writer for the Times, in Smith's defamation action against them. We affirm.
On October 27, 2000, the Times published on its editorial page the following "Commentary" written by Person:
"COMMENTARY
"Can Glen Park residents believe in the badge?
"She said he called her a prostitute, a low-life and a nigger. She said he cursed her, using the five-letter word for a female dog.
"She is Helen Griffin, a resident of the Glen Park neighborhood in northwest Huntsville. He is Edward Smith, a crime scene investigator assigned to the north precinct of the Huntsville Police Department.
"But they weren't at a crime scene when this alleged incident took place. They were, she said, in front of her home.
"And she, while far from perfect, said that she had committed no crime. That's why she filed a complaint against Smith with the police department. It's also why she and more than 20 of her neighbors and friends have signed a petition protesting what they say has been Smith's 'dishonorable and unethical conduct.'
"'It ain't supposed to be that way with a police officer,' Griffin said.
"Attempts to contact Smith through the police department were unsuccessful.
"Helen Griffin describes herself as a 46-year-old, retired licensed practical nurse who is church-going and community-oriented. She also said she's enrolled in the R.N. program at Calhoun Community College.
"'Basically, I'm just a normal person,' she said. 'I'm not a bad person.'
"But Griffin admits that she was charged with driving under the influence of alcohol four or five years ago. She also concedes that she's been convicted of assault on two occasions.
"But those mistakes had nothing to do with what she said happened the night of Oct. 5 when she got home from class. She got out of her car and was on her way to the duplex apartment next to hers. Robert Brooks lives there. He said he was standing out on his porch at the time and confirms her account.
"Officer Smith, who is assigned to the north precinct right down the street, was standing on the lawn of the apartment building next door when she drove up. It's not clear if he was on duty at the time.
"But he was, Griffin said, wearing street clothes except for a dark blue jacket that has 'Police' in big, white letters on the back. Smith saw her, she said, and began shouting obscenities and racial epithets at her. She was embarrassed and hurt.
"'He don't even know me,' she said. 'He just saw a black woman.'
"On Oct. 9, Griffin and John Lavender, her brother and a local minister, went to the police department. They met with Deputy Chief Col. Leon Schenck, and he directed her to Internal Affairs where she filed her complaint.
"'That would definitely be conduct unbecoming a police officer,' Schenck said regarding Griffin's complaint. 'Assuming those statements were made.'
"If the Internal Affairs investigation concludes that Smith did indeed make those statements, it's unclear what penalty he would face. Schenck said that disciplinary actions are determined case by case.
"But true or false, this much is clear: Helen Griffin and more than 20 petitioners believe that Smith has mistreated them or their neighbors in the Glen Park neighborhood, been abusive and acted in an unethical way. They are concerned. Some are afraid.
"Citizens -- whether their community is rich or poor, black or white -- nee
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