Christopher Hoskins v. Perry Fuchs
517 S.W.3d 834 · Court of Appeals of Texas · 2016
Facts
Christopher Hoskins filed a complaint with the University of Texas at Arlington's Office of Equal Opportunity Services (EOS) alleging that Professor Perry Fuchs, his girlfriend's supervisor, was having a sexual relationship with her and threatened Hoskins. The EOS found insufficient evidence, and Fuchs subsequently sued Hoskins for defamation based on these statements. Hoskins filed a motion to dismiss under the Texas Citizens Participation Act (TCPA), which the trial court denied.
Issue
Did the trial court err in denying Hoskins's motion to dismiss under the TCPA by finding that Professor Fuchs presented clear and specific evidence to establish a prima facie case for each essential element of his defamation claim?
Holding
The appellate court affirmed the trial court's denial of Hoskins's motion to dismiss, concluding that Fuchs provided clear and specific evidence to establish a prima facie case for defamation. The court found that Hoskins's statements were false, defamatory, and made with negligence, and that damages were presumed as the statements constituted defamation per se.
Rule
To defeat a TCPA motion to dismiss, a plaintiff must establish by clear and specific evidence a prima facie case for each essential element of their claim. For a defamation claim, this requires proving publication of a false, defamatory statement of fact to a third party, with the requisite degree of fault (negligence for a private figure), and damages. Negligence in this context means failing to investigate the truth or falsity of a statement before publication.
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