Interesting #TheyLied Appellate Libel Decision in Response to #MeToo Claims
From Louisiana Court of Appeal Justice Paula Brown’s opinion (joined by Justices Edwin Lombard and Regina Bartholomew Woods) in Doe v. Lewis, decided by the Louisiana Court of Appeal on Dec. 30 but just posted on Westlaw:
Jane Doe filed a lawsuit against Mr. Lewis seeking damages for alleged assault and battery, rape, and false imprisonment. Mr. Lewis filed an answer and a [counterclaim] against Jane Doe for defamation…. At the conclusion of the [bench] trial, the district court dismissed Jane Doe’s case with prejudice, and found in favor of Mr. Lewis on his [counterclaim], awarding Mr. Lewis $75,000.00 in general damages and $18,462.14 in lost wages…. Jane Doe appeals, challenging only the district court’s finding of fault against her for defamation of Mr. Lewis. {Jane Doe does not appeal her underlying case asserting the allegation of rape against Mr. Lewis, which the district court dismissed with prejudice.} …
Jane Doe resided in New Orleans, Louisiana, in 2013. Mr. Lewis resided in Baton Rouge, Louisiana. The two had been friends for several years and both were registered nurses. On July 20, 2013, Jane Doe had a birthday party, which Mr. Lewis attended. Prior to the party, Jane Doe and Mr. Lewis discussed that he could stay at her house and sleep on the couch in the living room, if he did not want to drive back to Baton Rouge. Jane Doe rented a party bus for the party. Jane Doe, Mr. Lewis, and other guests were drinking alcohol and dancing on the party bus. After returning home, Jane Doe and some of her guests went to a nightclub. Mr. Lewis stayed at Jane Doe’s house and went to sleep in the extra bedroom.
When Jane Doe and several of her guests, including a couple, returned, Mr. Lewis was awakened. The couple planned to sleep in the extra bedroom. After the couple retired to the extra bedroom, Mr. Lewis and Jane Doe had sex. Jane Doe alleged it was non-consensual; Mr. Lewis alleged it was consensual.
On July 24, 2013, Jane Doe filed a police report with the New Orleans Police Department, alleging Mr. Lewis raped her. Mr. Lewis was arrested on the charge of simple rape f
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