By The Law Offices of John Day, P.C. on Aug 26, 2024 06:14 am
While a plaintiff faced with a TPPA petition to dismiss could not make out a prima facie case for his false light invasion of privacy or intentional infliction of emotional distress claims, his defamation claim related to an allegedly false Title IX rape complaint was allowed to proceed. In Doe v. Roe, No. M2023-00045-COA-R3-CV (Tenn. Ct. App. Aug. 21, 2024), plaintiff had filed suit against defendant based on defendant’s allegations that plaintiff raped her on a college campus. Plaintiff’s complaint included claims for defamation, false light invasion of privacy, and intentional infliction of emotional distress based on defendant’s statements to friends and family, postings on social media, and filing of a Title IX complaint. After the complaint was filed, defendant moved to dismiss under the Tennessee Public Participation Act (“TPPA”). The trial court denied the petition, finding the TPPA inapplicable to this case. In a first appeal, the Court of Appeals ruled that defendant’s “filing of a Title IX complaint fell within the scope of the TPPA.” The Court of Appeals remanded to the trial court “for a determination regarding whether there is a prima facie case for [plaintiff’s] claims against [defendant] insofar as they pertain to her Title IX complaint…” On remand, the trial court granted the TPPA petition to dismiss the false light and intentional infliction of emotional distress claims connected to the Title IX filing, but it denied dismissal of the defamation claim. This appeal followed, where the trial court ruling was affirmed.
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