Davis v. Borskey
660 So. 2d 17 · Supreme Court of Louisiana · 1995
Facts
Plaintiff Michael Davis, a state university purchasing agent, was accused of bid manipulation by an Inspector General (IG) report and a colleague's affidavit following an investigation into university purchasing practices. Davis sued the colleague, William Borskey, and the State for defamation after the District Attorney declined to prosecute. The trial court found for Davis, but the court of appeal reversed, applying the actual malice standard for public officials.
Issue
The central issue is whether the plaintiff, a public official, met his burden of proving actual malice in his defamation claims against the defendant Borskey and the State of Louisiana. This involves determining if Borskey's statements were defamatory and if the IG's report was made with knowledge of falsity or reckless disregard for the truth.
Holding
The Supreme Court of Louisiana affirmed the court of appeal's decision, dismissing all of plaintiff's claims. The court held that Borskey's affidavit was not defamatory and that the plaintiff failed to prove by clear and convincing evidence that the IG's report was made with actual malice.
Rule
For a public official to recover damages for defamation, they must establish by clear and convincing evidence that the defamatory statement was made with 'actual malice,' meaning with knowledge that it was false or with reckless disregard of whether it was false or not. A failure to investigate fully or gross negligence in publishing false statements is insufficient to prove actual malice.
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