The case originated from the book Kings of Tort. The book details the investigation of the 2009 judicial bribery scandal. The Northern District U.S. attorney’s office did not trust the local FBI agent (Neilson) and felt it necessary to conduct the investigation without Neilson knowing about it. Feeling defamed, Neilson sued.
The Defendants moved for summary judgment. Defendants supported their motion with affidavits from Dawson, the former U.S. Attorney and the former Chief of the Criminal Division for the Northern District explaining why they believed that Neilson was not trustworthy.
In response to the motion for summary judgment, Neilson produced no evidence in support of his claim.
A unanimous Court of Appeals affirmed the dismissal because Neilson failed to meet his burden of showing a genuine issue of fact.
Chief Judge Lee wrote the Court’s opinion.
I guess this shows that the truth does hurt.