DISTRICT COURT, BOULDER COUNTY, COLORADO COMPLAINT FOR LIBEL, SLANDER AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS Stephen Miles, an individual, v. John Ramsey, an individual, National Enquirer, Inc., a Florida corporation, John South, David Wright and DOES I-XX, Plaintiff, Stephen Miles (Miles), through his attorneys, W. Lee Hill and Dennis Blewitt, hereby submits this Complaint against Defendants John Ramsey (Ramsey) National Enquirer, Inc. (Enquirer), John South (South) and David Wright (Wright) as follows: 16. Incorporating all the allegations in paragraphs one through fifteen, plaintiff alleges defendant Ramsey libeled plaintiff by writing or causing to be written false statements about plaintiff, specifically that plaintiff killed JonBenet Ramsey and/or was involved in her murder, that plaintiff is a pedophile and a sex offender, knowing the statements to be false and causing injury to plaintiff and plaintiff's reputation and business. 17. Incorporating all the allegations in paragraphs one through fifteen, plaintiff alleges defendant Ramsey slandered plaintiff by uttering false statements about plaintiff, specifically that plaintiff killed JonBenet Ramsey and/or was involved in her murder, that plaintiff is a pedophile and a sex offender, knowing the statements to be false and causing injury to plaintiff and plaintiff's reputation and business. 18. Incorporating all the allegations in paragraphs one through fifteen, plaintiff alleges defendant Enquirer libeled plaintiff by writing or causing to be written false statements about plaintiff, specifically that plaintiff killed JonBenet Ramsey and/or was involved in her murder, that plaintiff is a pedophile and a sex offender, knowing the statements to be false and causing injury to plaintiff and plaintiff's reputation and business. 19. Incorporating all the allegations in paragraphs one through fifteen, plaintiff alleges defendant South libeled plaintiff by writing or causing to be written false statements about plaintiff, specifically that plaintiff killed JonBenet Ramsey and/or was involved in her murder, that plaintiff is a pedophile and a sex offender, knowing the statements to be false and causing injury to plaintiff and plaintiff's reputation and business. 20. Incorporating all the allegations in paragraphs one through fifteen, plaintiff alleges defendant South slandered plaintiff by uttering false statements about plaintiff, specifically that plaintiff killed JonBenet Ramsey and/or was involved in her murder, that plaintiff is a pedophile and a sex offender, knowing the statements to be false and causing injury to plaintiff and plaintiff's reputation and business. 21. Incorporating all the allegations in paragraphs one through fifteen, plaintiff alleges defendant Wright libeled plaintiff by writing or causing to be written false statements about plaintiff, specifically that plaintiff killed JonBenet Ramsey and/or was involved in her murder, that plaintiff is a pedophile and a sex offender, knowing the statements to be false and causing injury to plaintiff and plaintiff's reputation and business. 22. Incorporating all the allegations in paragraphs one through fifteen, plaintiff alleges defendant Wright slandered plaintiff by uttering false statements about plaintiff, specifically that plaintiff killed JonBenet Ramsey and/or was involved in her murder, that plaintiff is a pedophile and a sex offender, knowing the statements to be false and causing injury to plaintiff and plaintiff's reputation and business. 23. Incorporating all the allegations in paragraphs one through fifteen, plaintiff alleges defendants, and each of them, acted with outrageous conduct. 24. Incorporating all the allegations in paragraphs one through fifteen, plaintiff alleges defendants, and each of them, intentionally inflicted emotional distress upon plaintiff, proximately causing him physical, emotional and mental distress. Dated February 2, 1998 _______________________
Case No. ___________________
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Plaintiff,
Defendants.
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GENERAL ALLEGATIONS
1. Miles is a resident of Boulder County.
2. Ramsey is an individual who formally resided in Boulder, Colorado but, based upon plaintiff's information and belief, is now residing in Atlanta, Georgia and is not in the military service of the United States or its allies.
3. The Enquirer is a Florida corporation, doing business nationally, including the State of Colorado. Enquirer's business consists primarily of investigating and reporting stories in a tabloid format weekly news magazine. Plaintiff is informed and believes that Enquirer employees and/or contracts with co-defendants South and Wright. The defamatory publications that are the subject of this action derive from information collected in Boulder, Colorado, and the subject defamatory issues were distributed in Boulder, Colorado. . . accordingly, venue is proper in Boulder County Colorado.
4. South, whose permanent residence is unknown, is an individual employed by or contracted with Enquirer. South created the defamatory October 21, 1997 article that was published and circulated nationwide and is referenced in more detail below.
5. Wright, whose permanent residence is unknown, is an individual employed by or contracted with Enquirer. Wright created both the defamatory October 21, 1997 article and the defamatory November 11, 1997 article that were published and circulated nationwide and are referenced in more detail below.
6. On several occasions between December 26, 1996 and November 1997, Ramsey uttered and wrote false statements to others, including Enquirer employees and contractors, regarding plaintiff, knowing those statements to be false or with a reckless disregard for the truth.
7. The statements included false allegations that plaintiff murdered Ramsey's daughter JonBenet Ramsey (JonBenet), that plaintiff was involved in that murder, that plaintiff was and is a pedophile and that plaintiff was and is a sex offender.
8. These false statements are defamatory as a matter of law and did and continue to impugn the character and reputation of plaintiff and were intended to injure and did injure plaintiff's reputation and occupation.
9. Incorporating all the allegations in paragraphs one through eight supra, Ramsey uttered and published these false statements with malice and reckless disregard for the truth and without any regard or concern about the impact upon plaintiff from the publication of these false, defamatory statements. Based upon his knowledge of the murder of JonBenet, Ramsey knew or should have known that plaintiff had nothing to do with her death or any matter associated with her death.
10. On or about October 21, 1997 in volume 72, number 14, and on or about November 11, 1997 in volume 72, number 17, Enquirer published and reported Ramsey's defamatory remarks as reported by South and Wright in its weekly newspaper that is distributed nationwide. Enquirer featured plaintiff on the October 21, 1997 cover in a manner and with headlines that directly suggest plaintiff killed JonBenet. (A true and correct copy of the article is attached as plaintiff's exhibit "A").
11. The October 21, 1997 article specifically declares that Ramsey believed that Miles was JonBenet's killer and that Ramsey intended to suggest that Miles was the killer to law enforcement officials. The article creates a deliberate, cumulative false impression in a reasonable reader that plaintiff is a sex offender and a pedophile. The October 21, 1997 article further falsely described plaintiff as a "drug addict".
12. The November 11, 1997 article falsely identifies Miles as a pedophile and sex offender. Specifically the article states, "Included on that list are dozens of pedophiles and sex offenders living in Boulder. One of them, gay photographer Stephen Miles . . . ".(A true and correct copy of the article is attached as plaintiff's exhibit "B").
13. Plaintiff is informed and believes that South and Wright are employed by Enquirer and that they prepared and submitted the defamatory articles to Enquirer. South and Wright made these false statements with malice and reckless disregard for the truth and without any regard or concern about the impact upon plaintiff from the publication of these false, defamatory statements.
14. Plaintiff is informed and believes that Enquirer management personnel and members of the corporate board of directors participated in the decision to knowingly publish these defamatory statements, and that they did so with conscious disregard for the truth after first ascertaining what could be fairly characterized as a "cost-benefit analysis" of knowingly publishing lies about plaintiff.
15. Defendants' conduct caused plaintiff to suffer shunning, hatred, ridicule and contempt by a substantial, respectable component of his community. Miles has suffered and continues to suffer substantial injury as a result of the false statements uttered and published by defendants. The extent of his injuries are yet to be determined, but are within the jurisdictional parameters of this Court.
PLAINTIFF'S FIRST CAUSE OF ACTION
LIBEL BY RAMSEY
PLAINTIFF'S SECOND CAUSE OF ACTION
SLANDER BY RAMSEY
PLAINTIFF'S THIRD CAUSE OF ACTION
LIBEL BY ENQUIRER
PLAINTIFF'S FOURTH CAUSE OF ACTION
LIBEL BY SOUTH
PLAINTIFF'S FIFTH CAUSE OF ACTION
SLANDER BY SOUTH
PLAINTIFF'S SIXTH CAUSE OF ACTION
LIBEL BY WRIGHT
PLAINTIFF'S SEVENTH CAUSE OF ACTION
SLANDER BY WRIGHT
PLAINTIFF'S EIGHTH CAUSE OF ACTION
OUTRAGEOUS CONDUCT BY DEFENDANTS, AND EACH OF THEM
PLAINTIFF'S NINTH CAUSE OF ACTION
DEFENDANTS, AND EACH OF THEM, INTENTIONALLY INFLICTED EMOTIONAL DISTRESS UPON PLAINTIFF
WHEREFORE, Plaintiff prays for general, specific and exemplary damages against above named defendants, jointly and severally, and for such other and further relief as this Court deems appropriate and just.
W. Lee Hill, #18236 and
Dennis Blewitt, #4557
P.O. Box 21181
Boulder, CO 80308
(303) 449-9244
Attorneys for Plaintiff