The trial court found "from the record, existing at the time of submission, that the plaintiff is not a public figure." Based on the definition of public figures set forth in Gertz v. Appellees had raised a defense to the complaint that appellant was a public figure and would be required to prove "actual malice" by the newspaper in publishing the story, rather than negligence. During discovery, appellant filed a Motion for Partial Summary Judgment and requested a determination as to whether he enjoyed the status of a private, as opposed to a public figure for First Amendment purposes. The statute of limitations had run on any claim he may have had based on the original article. The Reprint was sent to the president, athletic director, faculty representative, and head football and basketball coaches at each member university, as well as 100 major newspapers across the country.īased upon the Reprint, in the latter part of 1986, appellant sued for defamation. "Steve Miller, now at Western Kentucky, told the newspaper that Pitt assistant coach Reggie Warford offered him money." The January, 1986 Reprint contained the 1985 news stories, editorials and other columns, as well as a nationwide chronology of events related to violations of NCAA rules. Miller went to Western Kentucky University instead."Īlthough appellant's denial of the allegations was printed in the October, 1985 story, Miller's prompt retraction of his statement was not disclosed when the story appeared in the Reprint. Warford, a former University of Kentucky player, acknowledged that he told Miller that signing him "would be a recruiting feather in my hat." But he denied offering Miller any money. Warford "said that if he signed the top player out of Kentucky that he would have a raise and that I would benefit from that raise also," Miller said. "Steve Miller, a heavily recruited forward from Lexington's Henry Clay High School, said that assistant coach Reggie Warford of the University of Pittsburgh offered to split some money with him.
Lexington herald leader series#
The Herald-Leader published the following in one of a series of articles about the "crisis in college athletics."
Miller stated that appellant attempted to secure his commitment to play basketball at Pittsburgh by offering to share the benefits of the raise appellant anticipated if Miller signed. Miller was interviewed in 1985 by a reporter from the Lexington Herald-Leader about his career and the experience of being recruited for college basketball. One of appellant's prospects in 1984 was an outstanding Kentucky basketball player named Steve Miller. Chipman nearly fired appellant in 1983 because he was somewhat disorganized and ineffective in his recruiting efforts, but gave him another chance for the upcoming year. While appellant was not the chief recruiter, he was expected to produce commitments from talented high school players, as were the head coach and other assistant coaches. Chipman testified that appellant was hired in part for his recruiting ability, as well as for his knowledge of the game. In 1980, appellant was hired as an assistant *760 coach at the University of Pittsburgh by Coach Roy Chipman. Among other duties, appellant recruited players. Following his graduation from UK, he became an assistant basketball coach at Iowa State University. Appellant filed a notice of appeal and we granted his motion for transfer.Īppellant was a student basketball player and team captain at the University of Kentucky. At the conclusion of appellant's case in chief, the trial court directed a verdict for appellees. The Reprint is the source of the libel alleged to be actionable.Īfter two years of discovery and pretrial hearings, this case was tried in early 1989. The statements at issue originally appeared in the Lexington Herald-Leader in the fall of 1985, but were reprinted in 1986 in a special publication under the heading "NCAA Reprint" which was entitled 1985: A Year of Crisis in College Athletics. The allegedly false statements of which appellant complained concerned published allegations of recruiting improprieties he committed in his capacity as assistant basketball coach at the University of Pittsburgh. Carroll for defamation in the Fayette Circuit Court in 1986. Inskeep, Barnes & Thornburg, Indianapolis, Ind., for appellees.Īppellant Reggie Warford sued the Lexington Herald-Leader Company and editor John S. Thomerson, Stoll, Keenon & Park, Lexington, Edward O. The LEXINGTON HERALD-LEADER COMPANY and John S.
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