Case Document 1 Filed 03/28/18 Page 1 of 7 PageID 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA 28:5 haze 23 pt, 7 Case Ad'oa (Aunt DIMITRI PATTERSON, i i . . DEMAND FOR JURY TRIAL vs. ESPN, INC., Defendant, i i INTRODUCTION 1. This action is brought by the Plaintiff, Dimitri Patterson, against the Defendant, ESPN, Inc. arising from an article published online and on under the headline, ?Dimitri Patterson in custody a?er courtroom escape attempt which has been disseminated globally by ESPN, Inc. throughout the Internet. 6. 7. Case Document 1 Filed 03/28/18 Page 2 of 7 PagelD 2 JURISDICTION AND VENUE The Court has jurisdiction over this action pursuant to 28 U.S.C 1332 and 28 U.S.C 1357. The amount in controversy exceeds $75,000.00, exclusive of interest and costs, and both Plaintiff and Defendant are citizens of different states. Venue is proper pursuant to 28 U.S.C. 1391, as the Defendant is subject to this Court?s personal jurisdiction with respect to this action. .Pa_rti_e? Plaintiff, Dimitri Patterson (hereina?er DP), was and continues to be suijuris, over the age of 18, and a citizen of the State of Florida. At all times, material hereto, the Defendant, ESPN, Inc., (hereinafter ESPN), a corporation organized and existing under the laws of the state of Delaware with its principle place of business in Bristol, Connecticut owns, operates, and maintains the Internet Website, where the article, at all times, was and is continuously maintained on an ongoing basis, in addition to it being disseminated globally. ESPN is the ?information content provider? pursuant to 47 U.S.C. 230 Statements of Facts Background DP was born in Miami, FL and is 34 years of age. DP played in the NFL for ten years. 8. 9. 10. ll. 12. 13. Case Document 1 Filed 03/28/18 Page 3 of 7 PagelD 3 DP has one biological child who is 1 1-years-old. DP has never been charged with a crime by the State of Florida pursuant to Florida law. Satisfaction of Condition Precedent DP has provided notice to the Defendant as required by Fla. Stat. 770.01, and has satis?ed all conditions precedent to the ?ling of this lawsuit. The Defendant has waived all conditions precedent to the ?ling of this lawsuit. True and correct copies of the Fla. Stat. 770.01 Notice Letters are attached hereto. See Exhibit The Defendants have not complied with the demands for retractions of the defamatory and libelous statements, by way of publishing any such retractions. Defamatory Statements by The ESPN, Inc. Article On August 15, 2017, James Walker, an employee of ESPN, authors a defamatory article entitled, ?Dimitri Patterson in custody after courtroom escape attempt? (hereinafter ?The Article?), which ESPN published to third parties. See attached hereto Exhibit The Article is false and defamatory in its overall portrayal of DP as a violent, impulsive, unstable person. The article is also false in many of its particulars. This action is predicated both on what The Article communicates as a whole, including the headlines, captions, and the numerous defamatory statements concerning DP contained within the article. Initially, Article 1 attempts to assassinate character by stating that, ?Dimitri Patterson injured two police of?cers while trying to abruptly exit a Miami-Bade courthouse Case Document 1 Filed 03/28/18 Page 4 of 7 PageID 4 and avoid being arrested, according to local police?, which is completely false. See Exhibit 14. The Article then states that, female officer suffered neck and back injuries, and a male of?cer injured his wrist while apprehending Patterson,? which is false. See Exhibit 15. The Article continues by stating that, ?Dimitri Patterson appeared in a family court hearing on Tuesday due to a prior incident? which is false. See Exhibit 16. The Article makes false claims by stating that, ?Dimitri Patterson could face additional charges?, which was completely false at the time of publication. See Exhibit 17. The Article continues character assassination of DP by stating that, ?When thejudge ordered Dimitri Patterson?s arrest, Dimitri Patterson attempted to bolt ?'om the courtroom and tackled two of?cers, police said?, which is a total fabrication. See Exhibit Falsity 18. The Article is false in its overall defamatory portrayal of DP as a violent, impulsive, and unstable person. The Article is also defamatory in many of its speci?c details. 19. DP never ran out of a courtroom at the Lawson E. Thomas Courthouse in downtown Miami, nor did he injure any polices of?cers, nor did a Judge order for him to be taken into custody. There are cameras outside and inside the courtroom, which supports this, and there is no legal documentation that exists of a judge holding DP in contempt of court. 20. 21. 22. Case Document 1 Filed 03/28/18 Page 5 of 7 PagelD 5 DP was never facing additional charges, nor was there a legal ?family court? hearing requiring DP to be at the Lawson E. Thomas Courthouse, which can easily be proven by requesting copies of certi?ed court records from the Clerk. Fault ESPN published The Article with negligence, gross irresponsibility, and with actual malice. ESPN knew that they were publishing a devastating portrait of DP as a violent, impulsive, unstable, heartless, and cruel person. ESPN never did due diligence to ?nd the facts surrounding the unlawful arrest on April 15, 2017 by Miami-Dado Police of?cers. They were negligent in securing certi?ed court documentation and video footage. In addition, they did not make legitimate contact with court officials, the county Clerk?s of?ce, or the family members of DP that were present and actually witnessed what happened at the Lawson E. Courthouse. Had the court officials, the county clerk?s of?ce, family members, or any other credible sourcc(s) close to the incident been contacted, the story would have collapsed and imploded. Had there been a scintilla of attempted veri?cation and proper due diligence, the story published by ESPN would have been readily exposed as a complete fabrication. Yet, ESPN deliberately avoided the truth, by publishing their false and sensational claims based solely on the accusations of a single, biased source with no attempt of corroboration. This was not a casein which thejoumalist relied on a dependable veri?ed source. This was the case where the only source of the story was a single, biased fabricated police report by the Miami-Dade Police Department who has an extensive history of using excessive force in arrests (See Department of Justice probes for 2002 2013). To publish in this manner was not just mere negligence, but it was gross, irresponsible publishing without due consideration for the standards of information gathering and Case Document 1 Filed 03/28/18 Page 6 of 7 PagelD 6 dissemination ordinarily followed by responsible parties. Beyond gross irresponsibility, to publish under these circumstances, was to publish recklessly and deliberately by turning a blind to any effort to determine the truth. Such intentional avoidance of the truth in fear that an in-depth investigation would derail an irresistible story is actual malice, when publishing with reckless disregard for truth or falsity. Count I- Defamation- Libel-Libel Per Se ESPN, Inc. 24. The Plaintiff, DP, repeats and re-alleges paragraphs 1-23 of this Complaint, inclusive, as if fully stated herein. 25. On August 15, 2017, ESPN wrongfully and with actual malice and gross negligence, caused to be published the statements set forth above. The defamatory statements prove to be defamation and libel per se. 26. DP seeks recovery of actual, presumed, and punitive damages. 27. DP has suffered severe injuries in the form of internal and emotional distress, anguish, substantial damage to his well-being, overwhelming damage to his external reputation, and devastating damage to his family, personal, community, civic, and business relationships in Orlando, FL, his former residences of Miami, FL, and elsewhere, as a direct and proximate result of cynical exploitation of the reputation of DP, who is entitled to damages and injunctive relief. Case Document 1 Filed 03/28/18 Page 7 of 7 PagelD 7 Relief WHEREFORE, the Plaintiff, DP, respectfully demands judgment against the Defendant as follows: A. A judgment for damages in the amount of ?fty million dollars pursuant to 28 U.S.C 1357. B. Presumed damages in an amount to be determined by the court, but in no circumstances less than thirty million dollars. C. Punitive damages against the Defendant in an amount to be determined by the Court. D. Injunctive Relief ordering the removal of the defamatory Article from and all online search engines worldwide for eternity. E. For such other and Wet relief for the Plaintiff, DP, as the Court deemsjust and equitable. D?leC Dimitri Patterson 3701 Wilshire #530 Los Angeles, CA 90010 Thelking83@gmail.com email 213-739-2800 fax 407-420-7734 phone Case Document 1-1 Filed 03/28/18 Page 1 of 3 PagelD 8 EXHIBIT A Dimitri Patterson. eCa?Bi Filed 03/ 28/ 18 Page 2 0f 3 PagelD 9113118, 9:43 PM investigation 2d - David Newton Man convicted in Will Smith death ?les appeal 2d QB dominoes could raise Russell Wilson's future price to $30 million 3d - Brady Henderson Jets have enough cap cash and climbing) to win offseason 3d - Rich Cimini Luck looking forward to working with Dimitri Patterson in custody after courtroom escape attempt we 74. James Walker ESPN Staff Writer Former Miami Dolphins cornerback Dimitri Patterson injured two police of?cers while trying to abruptly exit a Miami-Dada courthouse and aVoid being arrested, according to local police. A female of?cer suffered neck and back injuries, and a male of?cer injured his wrist while apprehending Patterson. Both of?cers are ?ne, Miami-Dade police con?rmed. ADVERTISEMENT Page 4 ol 29 oamsm Patterson, Filed 03/28/18 Page 3 of 3 PageID Replay Patterson appeared in a family court hearing on Tuesday due to a prior incident. When the judge ordered his arrest, Patterson attempted to bolt the courtroom and tackled two of?cers, police said. He could face additional charges, and he remains in custody. Patterson, 34, is a Miami native who played for six NFL teams, including the Dolphins in 2012 and 2013. He had nine career interceptions in 79 games. ESPN reported in 2015 that Patterson was arrested on a felony child abuse charge. Recommended by Page 5 of 29 Case Document 1-2 Filed 03/28/18 Page 1 of 9 PageID 11 EXHIBIT Case Document 1-2 Filed 03/28/18 Page 2 of 9 PagelD 12 March 14, 2018 SENT VIA Federal Express The Walt Disney Company ESPN, Inc-Af?liate Attn: Peter Scher 77 W. 66th Street Tracking Number New York, NY 10023 780] 2845 3474 RE: Notice of Intent to Bring Civil Action for Libel Pursuant to Florida statute 770.0] this letter serves as formal notice of the false statements about Dimitri Patterson in the following article titled ??Dimitri Patterson in custody after courtroom escape attempt published by The Walt Disney Company/ESPN, Inc. In accordance with section 770.02, Florida Statutes the Walt Disney Company/ESPN, Inc. must publish a ?ll] and fair correction, apology, or retraction, in the same editions or corresponding issues of the newspaper or periodical in which the aforementioned articles appeared and in as conspicuous place and type as said original article within ten (10) days from the date of service of this notice. Failure to publish such a correction, apology, or retraction will result in the ?lling of a lawsuit and damages being sought against you, The Walt Disney Company/ESPN, Inc. The following statements mentioned in the attached article below are false. ?Dimitri Patterson in custody a?er courtroom escape attempt? Article title Dimitri Patterson injured two police of?cers while trying to abruptly exit a Miami- Dade courthouse and avoid being arrested, according to local police.? 0 female of?cer suffered neck and back injuries, and a male of?cer injured his wrist while apprehending Patterson? ?Patterson appeared in a ?family court hearing? on Tuesday due to a prior incident ?He could face additional charges, and he remains in custody". "When the judge ordered his arrest, Patterson attempted to bolt the courtroom and tackled two of?cers, police said? Legal Department 370] Wilshire Blvd., #530 Los Angeles, CA 90010 Cc: The Walt Disney Company ORIGIN 420-7734 BRENDA PRTTERSON 18877 DR UNIT 403 OR HNDO. FL 32820 BILL CREDIT 3I UNTTED STATES U8 mm: PETER scum SHIP 0975: 17nna18 0.20 La :1 can: THE WALT DISNEY COMPANY ESPN. 77 66TH ST NEW YORK NY 10023 REF: 4?Eglz . I 1 MIN - 19 MAR 1013M 7801 2845 3474 PRIORITY OVERNIGHT XASVAA STGI Case Document 1-2 Filed 03/28/18 Page 4 of 9 PagelD 14 March 25,2018 Dear Customer: The following is the proof-ot-delivery for tracking number 780128453474. Delivery Information: Statue: Delivered Delivered to: Maiiroom Signed for by: Delivery location: New York. NY Service type: FedEx Priority Overnight Delivery date: Mar 19, 2018 10:13 Special Handling: Deliver Weekday Signature image is available. In order to view image and detailed information, the shipper or payor account number of the shipment must be provided. Shipping Information: number: 780128453474 Ship m: Mar 17, 2018 Weight 0.5 lbs/0.2 kg Recipient: Shipper: New York, NY US Orlando. FL US Thank you for choosing FedEx. Case Document 1-2 Filed 03/28/18 Page 5 of 9 PageID 15 ESPN, Inc. 77 W. St New York. New York 10023 Tel: 545. 547. 5445 Fax1648. 547. 5904 January 17, 2018 VIA FIRST CLASS MAIL Legal Department Dimitri Patterson 3701 Wilshire #530 Los Angeles, Ca 90010 RE: Letter Dated January 8, 2018 To Whom It May Concern: ESPN takes seriously assertions of inaccuracy in its reporting. Your letter to ESPN dated January 8, 2018, in which you asserted that several ESPN articles about Dimitri Patterson are false and defamatory, was therefore referred to my attention. Your letter fails to point out any speci?c inaccuracies in any of the articles. Nonetheless, I have looked into the articles that were the subject of your letter, and disagree with your assertion that the articles are false. Going forward, please direct any communications of a legal nature to my attention. Sincerely, A fuw a. also? Peter E. Scher Assistant Chief Counsel, ESPN Our Mission: To Serve Sports Fans. Anytime. Anywhere. Case Document 1-2 Filed 03/28/18 Page 6 of 9 PagelD 16 March 14, 2018 SENT VIA Federal Express The Walt Disney Company ESPN, Inc-Affiliate 500 South Buena Vista Street Senders Copy Burbank, CA 91521 7800 9236 1843 RE: Notice of Intent to Bring Civil Action for Libel Pursuant to Florida statute 770.01 this letter serves as formal notice of the false statements about Dimitri Patterson in the following article titled ??Dimitri Patterson in custody after courtroom escape attempt? published by The Walt Disney Company/ ESPN, Inc. In accordance with section 770.02, Florida Statutes the Walt Disney Company/ESPN, Inc. must publish a full and fair correction, apology, or retraction, in the same editions or corresponding issues of the newspaper or periodical in which the aforementioned articles appeared and in as conspicuous place and type as said original article within ten (10) days from the date of service of this notice. Failure to publish such a correction, apology, or retraction will result in the filling of a lawsuit and damages being sought against you, The Walt Disney Company/ESPN, Inc. The following statements mentioned in the attached article below are false. "Dimitri Patterson in custody after courtroom escape attempt" Article title Dimitri Patterson injured two police officers while trying to abruptly exit a Miami- Dade courthouse and avoid being arrested, according to local police." 0 female officer suffered neck and back injuries, and a male officer injured his wrist while apprehending Patterson" 0 "Patterson appeared in a ?family court" hearing on Tuesday due to a prior incident ?He could face additional charges, and he remains in custody?. 0 "When the judge ordered his arrest, Patterson attempted to bolt the courtroom and tackled two officers, police said? Legal Department 3701 Wilshire Blvd., #530 Los Angeles, CA 90010 3 EHHRIB ORIGIN TINA 420~7734 SHIP DHTE BRENDA PATTERSON I DRIVE BILL CREDIT CRRD THE WALT DISNEY COMPANY '1 ESPN, mc.- AFFILIATE 500 SOUTH BUENA VISTA STREET 3 BUBBANK CA 91521 PODimitri Patterson. Filed 03/28/18 Page 8 Of 9 PagelD??na, 9:43 PM investigation 2d David Newton Man convicted in Will Smith death ?les appeal 2d QB dominoes could raise Russell Wilson's future price to $30 million 3d - Brady Henderson Jets have enough cap cash and climbing) to win offseason 3d - Rich Cimini Luck looking forward to working with Dimitri Patterson in custody after courtroom escape attempt James Walker ESPN Staff Writer Former Miami Dolphins cornerback Dimitri Patterson injured two police of?cers while trying to abruptly exit a Miami-Dede courthouse and aVoid being arrested, according to local police. A female of?cer suffered neck and back injuries, and a male of?cer injured his wrist while apprehending Patterson. Both of?cers are ?ne, Miami-Dada police con?rmed. ADVERTISEMENT Page 4 of 29 Dimitri Patterson, tigelrs Filed 03/28/18 Page 9 Of 9 PagelD 9:43 PM {3 Replay Patterson appeared in a family court hearing on Tuesday due to a prior incident. When the judge ordered his arrest, Patterson attempted to bolt the courtroom and tackled two of?cers, police said. He could face additional charges, and he remains in custody. Patterson, 34, is a Miami native who played for six NFL teams, including the Dolphins in 2012 and 2013. He had nine career interceptions in 79 games. ESPN reported in 2015 that Patterson was arrested on a felony child abuse charge. Recommended by Page 5 of 29 Case Document 1-3 Filed 03/28/18 Page 1 of 2 PagelD 20 EXHIBIT Case Document 1-3 Filed 03/28/18 Page 2 of 2 PageID 21 MEMORANDUM OF LAW Defamation is de?ned as the unprivileged publication of false statements which naturally and proximately result in injury to another. Wol?son v. Kirk, 273 So. 2d 774 (Fla. DCA 1973). To establish a cause of action for defamation, a plaintiff must show; (1) That the defendant published a false statement about the plaintiff; (2) To a third party; and (3) That the falsity of the statement caused injury to the Plaintiff. See Razner v. Wellington Regional Med. Ctr. Defamation. Also, statements of pure opinion are not actionable. Florida Med. Ctr. Inc. v. New York Post Co, Inc, 568 So. 2d 454 (Fla. 4'h DCA 1990). There are four categories of statements that constitute defamation-libel per se: 1. 2. Imputing to another a criminal offense amounting to a felony. Imputing to another a presently existing venereal disease or other loathsome and communicable disease; Imputing to another, the other being a woman, acts of unchastity; Imputing to another conduct, characteristics or a condition incompatible with the proper exercise of his lawful business, trade, profession, or of?ce. Woltson, 273 So. 2d a! 777 (internal citations omitted).