DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
153635P.pdf 04/18/2017 Jon Couzens, Jr. v. William Donohue
U.S. Court of Appeals Case No: 15-3635
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Wollman, Author, with Riley and Kelly, Circuit Judges]
Civil case - Torts. Defendants removed this action alleging defamation,
invasion of privacy, intentional infliction of emotional distress and
other torts based on claims defendants published false information about
plaintiff after he publicly alleged he was sexually abused by Catholic
priests; the district court did not err in denying plaintiff's motion to
remand the matter to Missouri state court as two defendants were
fraudulently joined to defeat diversity; defendant KCCL sufficiently
consented to removal under the facts presented; the district court did not
err in dismissing the defamation action as time-barred under New York law,
which must be applied under Missouri's borrowing statute; defamation is
the proper remedy under Missouri law for plaintiff's false light invasion
of privacy claim, and the district court did not err in dismissing the
false light claim; plaintiff failed to state a claim for intentional
infliction of emotional distress because the only offending conduct was
defamation; nor did he state a claim for negligent infliction of emotional
distress. Judge Kelly, concurring.