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_____________________________________ Larry Klayman c/o 501 School Street, S.W., Suite 725, Washington, DC 20024 Plaintiffs, vs. David Segal, 4550 Connecticut Avenue, N.W. Washington, DC 20008 Defendant. _____________________________________ |
) ) ) ) ) ) Civil No. _______________ (RCL) ) ) ) ) ) |
COMPLAINT FOR DEFAMATION AND FALSE LIGHT
This is an action by Larry Klayman, Esq. for defamation and false light arising from an article written by Mr. David Segal and published in The Washington Post. Damages exceed the sum of $15,000, exclusive of interest, costs and attorney's fees.
JURISDICTION
1. Jurisdiction of this Court is founded on the District of Columbia Code � 11-921 (1981 ED., 1997 Supp.).
PARTIES
2. Plaintiff Larry Klayman is the founder, Chairman and General Counsel of Judicial Watch, Inc., a public interest law firm based in Washington, DC that is dedicated to furthering honest government and respect for the law, and fighting government corruption.
3. Defendant David Segal is, on information and belief, a citizen of the District of Columbia, residing at 4550 Connecticut Avenue, N.W., Washington, DC. Defendant Segal is a writer for The Washington Post and the author of the series of articles about Mr. Klayman.
FACTS
4. Defendant Segal has composed and caused a series of articles to be published in The Washington Post that are intended to ridicule, embarrass and defame Mr. Klayman, and to hold Mr. Klayman in a false light.
5. Many of these articles are published under the heading "Klayman Chronicles," and appear approximately every two (2) weeks in the "Washington Hearsay" page of The Washington Post's Monday Business Section. The articles are widely read by lawyers, judges and other members of the legal profession, as well as by diverse persons throughout the District of Columbia, the United States and the world.
6. On information and belief, Defendant Segal works and/or consults with lawyers, investigators and other agents of the President and Mrs. Clinton, including the law firm of Williams & Connolly, Mr. Terry Lenzner and employees and agents of Investigative Group International, Inc., in order to obtain information, albeit incorrect, for his "Klayman Chronicles" series.
7. In an October 25, 1999 article that appeared as part of the "Klayman Chronicles" series, Defendant Segal falsely attributed the following statement to Mr. Klayman in an attempt to portray him as someone who is insensitive to the murder of innocent children, among other improper objectives: "If there was a school shooting he'd say, 'So what? We're doing important things here.'" See Exhibit 1, attached hereto and incorporated herein by reference. On information and belief, Defendant Segal fabricated this statement in consultation with other persons.
8. The alleged statement is false, misleading, disparaging and defamatory, and Mr. Klayman strongly denies that he ever made it. See Exhibit 2, attached hereto and incorporated herein by reference.
9. The publication of this false, misleading, disparaging and defamatory statement was intended to defame, and did defame Mr. Klayman, and was intended to, and did hold Mr. Klayman in a false light.
10. The publication of this false, misleading, disparaging and defamatory statement was intended to, and did cause substantial harm to Mr. Klayman's personal and professional reputation.
11. The publication of this false, misleading, disparaging and defamatory statement also caused Mr. Klayman to suffer loss of reputation, emotional distress, embarrassment and personal humiliation.
COUNT I
(Defamation)
12. Plaintiff realleges paragraphs 1 through 11 as if fully set forth herein.
13. Defendant Segal composed and caused the statement set forth in paragraph 7 of this complaint ("the statement") to be published in The Washington Post.
14. The statement was false, misleading, disparaging and defamatory about Mr. Klayman.
15. In composing and causing the statement to be published in The Washington Post, Defendant Segal acted with malice, had knowledge that the statement was false, and/or acted with a reckless disregard for the truth and without reasonable grounds to believe that the statement was true.
16. As a proximate result, Mr. Klayman suffered substantial damages, including but not limited to loss of reputation, emotional distress, embarrassment and personal humiliation.
WHEREFORE, Plaintiffs demands judgment against Defendant Segal for compensatory damages, punitive damages, prejudgment interest, postjudgment interest, costs, attorney's fees and such other relief as the Court deems appropriate.
COUNT II
(Invasion of Privacy - False Light)
17. Plaintiff realleges paragraphs 1 through 16 as if fully set forth herein.
18. The statement also places Mr. Klayman in a false light that is highly offensive to a reasonable person.
19. In composing the statement and causing it to be published in The Washington Post, Defendant Segal acted with malice, had knowledge that the statement was false, and/or acted with reckless disregard for the false light in which he was placing Mr. Klayman.
20. As a proximate result, Mr. Klayman suffered substantial damages, including but not limited to loss of reputation, emotional distress, embarrassment and personal humiliation.
WHEREFORE, Plaintiffs demand judgment against Defendant Segal for compensatory damages, punitive damages, prejudgment interest, postjudgment interest, costs, attorney's fees and such other relief as the Court deems appropriate.
Plaintiff demands trial by jury on all issues so triable.
________________________________
Paul J. Orfanedes
DC Bar No.: 429716
KLAYMAN & ASSOCIATES, P.C.
501 School Street, SW
Suite 700
Washington, DC 20024
(202) 646-5160
Counsel for Plaintiff