No. 21-7042

Craig Nelsen v. Southern Poverty Law Center

Lower Court: Eighth Circuit
Docketed: 2022-02-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-malice constitutional-protection defamation diversity-jurisdiction first-amendment free-speech public-figure summary-judgment
Latest Conference: 2022-03-04
Question Presented (from Petition)

I. Whether the US Court for the 8th Circuit 1] wrongly allowed the District Court's improper
statement of a Missouri Supreme Court ruling, which held—following Milkovich —that the
existence of an underlying objective statement of fact removes constitutional protection from
a defamatory statement of opinion, and 2) wrongly let stand the District Court's wrongful
application of that misstated ruling, which bestowed constitutional protection on a
defamatory statement of opinion directly contrary to the plain text of the ruling?

II. Whether the US Court for the 8th Circuit wrongly let stand the District Court's improper
granting of a motion for summary judgment despite genuine issues of material fact—pleaded
and shown —that were rightfully questions for a jury and despite Plaintiff's production of
evidence demonstrating the requisite "actual malice" required by the designation —itself in
error —of Plaintiff as a limited purpose public figure?

Question Presented (AI Summary)

Whether the US Court for the 8th Circuit wrongly allowed the District Court's improper statement of a Missouri Supreme Court ruling

Docket Entries

2022-03-07
Petition DENIED.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-02-10
Waiver of right of respondent Southern Poverty Law Center to respond filed.
2021-11-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2022)

Attorneys

Craig Nelsen
Craig Nelsen — Petitioner
Southern Poverty Law Center
Chad Russell BowmanBallard Spahr LLP, Respondent