The Herald Bulletin

Afternoon Update

Local News

July 25, 2008

11 a.m.: Newspaper must pay $1.5M in suit

TERRE HAUTE, Ind. — The Tribune-Star of Terre Haute has been ordered to pay $1.5 million by a jury which found that a sheriff’s deputy was defamed by stories published in the newspaper.

Jeff Maynard, who was a Clay County sheriff’s deputy when he filed the lawsuit in 2004, said in the suit that two articles the newspaper published that year contained allegations against him that were “false and defamatory.”

In one of the stories, a Clay City woman accused Maynard of misconduct following a traffic stop. Another story stated that the Clay County Sheriff had asked Indiana State Police to investigate her allegations.

The lawsuit did not mention a follow-up story stating that Maynard had been cleared of wrongdoing and that the woman who made the allegations was charged with false reporting. The charges against her were later dropped as part of a plea agreement.

A Sullivan County jury deliberated for about two hours Thursday before finding that Maynard was defamed by the stories.

Tribune-Star publisher Jeremiah Turner said he was disappointed with the jury’s decision and would consider appealing the ruling.

“We have always felt and still do that the way we reported the story was truthful, accurate and fair,” he said. “At this point, we are considering all the options available to us, including an appeal.”

The jury awarded Maynard him $500,000 in compensatory damages and $1 million in punitive damages. But under Indiana law, 75 percent of punitive damages in a civil lawsuit brought by a private plaintiff goes to the state’s violent crime victims compensation fund.

Maynard’s lawyer, Eric Frey, said his client was happy with the decision. Maynard has since been promoted to detective.

“It wasn’t about the money with him,” Frey said. “It was about vindication.”

Maynard initially filed the suit in Vigo Superior Court, but it was later transferred to Sullivan Circuit Court. The newspaper had unsuccessfully asked a Sullivan County judge to dismiss the lawsuit, citing an Indiana law that shields the public and press from lawsuits attempting to curb free-speech rights in matters of public interest.

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