Recent Political Candidate Is Public Figure for Libel Law Purposes
From Tallman v. Miller, decided yesterday by Judge Michael Simon (D. Or.):
Tallman … lives in the city of Boardman, Oregon, in Morrow County. He owns and operates a coffee shop in Boardman called, “The Farmer’s Cup.” In November 2020, Tallman ran for election for the office of Mayor of Boardman but did not win. In May 2021, Tallman ran for election for a seat on the Port of Morrow Board of Commissioners but did not win. In November 2022, Tallman ran for election for a seat on the Boardman City Council but did not win. In May 2023, Tallman again ran for election for a seat on the Port of Morrow Board of Commissioners but did not win.
Miller … grew up in Boardman. In approximately April 2019, she began working at The Farmer’s Cup, as a server. She was 16 years old. Tallman hired Miller and was her supervisor. Shortly after she began working for Tallman, Miller “experienced what [she] now know[s] to be highly inappropriate behaviors from a 40-year-old man toward a 16-year-old girl.” [Note that these are just the plaintiff’s allegations at this point, which the court is taking to be true solely for dealing with defendant’s motion to dismiss. -EV] She describes that behavior in detail in her declaration.
She adds that “Tallman would only engage in these behaviors when there wasn’t another adult present” and that she “did not feel safe working with Tallman.” She also witnessed a friend and co-worker experience similar behavior from Tallman. In August 2019, Miller and her friend were at sports practice. They discussed Tallman’s behavior and were overheard by their coach, who was a mandatory reporter under Oregon law. The coach repo
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