Not a Burgher of Calais?

0
74
Not a Burgher of Calais?

Many thanks to Wikipedia and Auguste Rodin.

From Cain v. Sambides, ruled yesterday by Judge John A. Woodcock, Jr .:

A Pro-Se prisoner contradicts a judge’s recommendation to dismiss a defamation lawsuit against a newspaper, editor, and employee. Mr. Cain claims that the [defendants] published nine defamatory statements in a BDN article dated July 20, 2018 about his conviction for stalking.

Mr. Cain … complains that the article’s statement that he was from Maine, contrary to the judge’s finding, “did undue harm” because it adversely affected the treatment of the BOP and is therefore subject to challenge under Maine Libel Act. Mr. Cain says in his complaint … that he “was not born in Maine, never a Maine citizen, nor am I a former Maine man.” In his appeal, he says the BOP used the article’s claim that it was from Maine and Texas to refuse to assign it to Nevada and to assign it to Fort Worth, Texas instead. In addition, he claims that the BOP will release him in Maine when he finishes his prison sentence …

The allegedly false and defamatory statement is that Mr. Cain was “formerly from … Calais”. While Mr Cain alleged that the defendant’s testimony caused the BOP to treat him in a way he does not like, that does not make the testimony defamatory. {[T]The simple and common meaning of this statement “does not tend”[] … To damage the reputation of [Mr. Cain] to lower him in the assessment of the community or to prevent third parties from contacting him or dealing with him. “} Mr. Cain is not arguing that its association with the City of Calais or the state of Maine has, and would not, have damaged his reputation. Maine isn’t derogatory, and many would take it as a compliment that it was previously (or currently) associated with the city of Calais and the state of Maine.

{The court is extremely doubtful about Mr. Cain’s allegation that the BOP relied on the content of a newspaper article to make criminal decisions on him. However, the Tribunal does not base its confirmation on its skepticism about Mr Kain’s allegation.}

In addition, the written statement is literally true. Mr. Cain admits he is “sojurn”[ed]”in Maine for work and that he stayed in a place his employer had rented for him. Contrary to Mr. Cain’s protests, the BDN article does not say or imply that Mr. Cain was born in Maine, that he is a citizen of Calais was, Maine, or that he was or is a Maine man, it just says that he was “formerly of Calais,” a phrase that coincides with his whereabouts in Calais for a period of time while doing a construction job. Indeed, in its description of Mr. Cain’s status in Calais, Maine, the appeals court for the first circuit used language similar to the BDN article. USA v Cain (Cir. 1, 2019) (“After a brief courtship married Cain LH, a resident of Houlton, Maine, in August 2014. At the time, Cain was living in Calais, Maine, serving as the superintendent overseeing the construction of a local Walmart. “While there for the duration of his employment in Calais lived, Mr. Cain was kö could properly be called “from Calais” and after his departure as “earlier of Calais”.