West Jefferson Town Alderman and Manager listed in lawsuit.
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aFicIoNadoS
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Posted 1:10 pm, 01/05/2019
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Actually how may very well may a difference.
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tryagainloser
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Posted 12:59 pm, 01/05/2019
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How would that change anything in Hendrix's case. He was libeled by Rose and it was put in the paper? How it got there still doesn't change the fact that defamation of Hendrix's character occurred.
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jack rip her
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Posted 6:52 am, 01/05/2019
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I was thinking Rose used a town owned phone which would make all his conversations a public record.
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aFicIoNadoS
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Posted 10:06 pm, 01/04/2019
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Yeah, but there were two issues in that situation. One, I believe he was communicating to a county phone on the other end, and two, the subject of the conversation (the job of sheriff) was a public issue. I’m just saying, I could see if the conversation about Hendrix was on private phones and was just a private conversation, I don’t know if it would matter
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jack rip her
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Posted 8:58 pm, 01/04/2019
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Remember it was ruled in Bufurts case that the private phone and his messages business related were open to the public.
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aFicIoNadoS
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Posted 8:40 pm, 01/04/2019
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I’d rather to pass this one to FairPlay. The fact that the text messages were actually part of a private conversation not intended to be made public leaves question for me in how it will go. Also, Remind me, were the phones they were using county phones?
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tryagainloser
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Posted 8:20 pm, 01/04/2019
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They can ask for whatever, but WJ is still responsible for the actions of Rose. Him retiring will have no effect on the trial!!! I believe Hendrix has a pretty good case here however, I would defer to aFic's opinion on this. He usually has insight on issues like this.
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Joseph T.
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Posted 7:48 pm, 01/04/2019
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Jack I am willing to bet that in the coming weeks we will see the town ask the court to dismiss the case against them due to the fact that rose is no longer employed by them which they will get.
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jack rip her
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Posted 5:55 pm, 01/04/2019
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Lurk, this suit nor the second suit will ever see the light of a courtroom. They will both be settled out of court. Its cheaper on the town and on the county. Just because Rose resigned changes nothing. YOu are grasping at straws.
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aFicIoNadoS
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Posted 2:48 pm, 01/04/2019
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It doesn’t matter if he is a private person or not. You can’t slander/libel a public figure either. Again, many radio hosts have been sued for spreading incorrect information about politicians and celebrities
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Lurker2
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Posted 11:57 am, 01/04/2019
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No amount of argumentation between people on this board will adjudicate this particular case and since there are some novel issues we can all sit back and watch it all unfold.
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Lurker2
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Posted 11:56 am, 01/04/2019
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Try, I understand your reliance on Boyce, however that is a case where the defendants purposely took out advertising of something they knew that was likely not true. Rose didn't advertise anything. Rose didn't make his comments to the public. And Rose gets to explain what he meant by his comments.
You seem to be relying on Jimmy not being a public officer. I would suggest that after HB 533 in 2013, the Ashe County Memorial Hospital Police Chief ceased to be a private figure, especially when you take into account interlocal agreements between the County, Towns, and the Hospital.
Maybe you can prevail on the notion that Jimmy was a totally private person. I don't think you can. For these two reasons I don't think Boyce v. Cooper applies, but we will see what happens.
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aFicIoNadoS
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Posted 10:13 pm, 01/03/2019
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Actually wormy, legally you do. Especially given Rose’s position at the time. As chief of the police it implies that he would be one to have the information about such a situation. And if he didn’t say “I think” or “in my opinion”, he’s in trouble. Many radio shows have been sued and had to pay because some host made an off the cuff comment and didn’t preface it as opinion.
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tryagainloser
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Posted 8:10 pm, 01/03/2019
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Lurker and Top, I told you school was out.
Hendrix did not run for Sheriff until 2018 a full year after Rose made the statements. Hendrix by definition is not a public figure as he was a private citizen at the time the statements were made. However, given your affection for being slapped around with the facts, here is a case you two s need to read:
Boyce vs Cooper
This was a lawsuit from an ad Roy Cooper ran against Boyce when he was running for Attorney General.
Boyce received $75,000 from Cooper for him running his mouth.
Educate yourselves before you open your mouths, so when you do open them and opine.
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WhitetopWiggler
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Posted 7:35 pm, 01/03/2019
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Opinion can be implied, you do not have to go out of your way and directly claim you are making an opinion every single time you are making an opinion. It's just not fluid language and sounds unnatural when you try to speak that way. Seeing how he was texting we also do not know the various inflections that may have been used with the text as inflection is critical to understanding what is said.
It's similar to the argument Bill Clinton made related to Monika. Is is? Or Is is.
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aFicIoNadoS
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Posted 7:20 pm, 01/03/2019
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Wrong Wormy. Rose made a statement as if were a fact. He didn’t say “I think” or “in my opinion”. And if it is true, he revealed personnel records. He’s screwed either way
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WhitetopWiggler
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Posted 6:34 pm, 01/03/2019
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Jimmy is running for a public office, which is in a public role. Ya know, in front of the public. So it's not surprise when he started to get involved in politics with his running for sheriff he opened the door for all this crap coming down the tubes towards him.
****! I'm surprised this hasn't happened sooner to somebody!
Also Rose seems fairly innocent on this. He's just made some personal talk and a couple of opinions, never said anything that was concrete that could be used as evidence, mostly just hear say. Don't get me wrong I think he's an **** for sure but being an **** is not a punishable offense in most cases, if that were true I think one out of every two people would be locked up right about now.
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Lurker2
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Posted 6:20 pm, 01/03/2019
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Try, I don't know what law school you claim to have graduated from but I know Jimmy is a public figure and therefore he has to prove actual malice on Rose's part. Infamous crime is one of the four pillars in NC, but if you read up you will find that's irrelevant when the person being commented about is a public figure and Jimmy was a public figure at the time the comments were made.
If his pleadings are based on him being a private person, that's not going to fly.
As to confidential information, the only confidential information about Police officers is their address and other personal information that may identify them. The rest of the file is open to the public.
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aFicIoNadoS
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Posted 5:54 pm, 01/03/2019
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Either way, Rose screwed himself
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Aficionados
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Posted 5:54 pm, 01/03/2019
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Also as the head of the police department, even if what he said were true, then he would be guilty of disclosing confidential employee info.
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