Ventura v. Kyle

8 F.Supp.3d 1113 (2014)

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Nature of the Case

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Facts

A passage in decedent Chris Kyle's (D) autobiography describing an altercation with Jessie Ventura (P) during a Navy SEAL's wake. D wrote that P made offensive comments about the SEALs and their service in the Iraq war, so D 'laid him out.' P claims D fabricated the encounter to gain publicity. He commenced this action against D asserting claims for defamation, appropriation, and unjust enrichment. D was killed, and his wife, Taya Kyle (D), acting as executrix of his estate, now moves for summary judgment on P's claims. The book was released and reached number one on the New York Times' Bestseller list by January 29, 2012, and in June 2012, Warner Brothers purchased the rights to a film adaptation. The subchapter about P was captioned 'Punching Out Scruff Face.' Although he does not name P in print, d has confirmed in television, radio, and print interviews that 'Scruff Face' is P. In January 2012, D appeared on the Opie & Anthony Show, a talk-radio program, and the O'Reilly Factor, a talk show, retelling the story about P and repeating P's alleged statement, 'You deserve to lose a few guys.' The story also appeared on FOX News. D testified in his deposition that what was said was true. D claimed he punched P in the face, knocking him to the ground, and then turned and ran down the street toward another bar. D produced a witness who verified the story. Another witness stated she saw an unidentified male hit D that night. Several witnesses testified to seeing P getting up from the ground and D leaving. Others who were at the bar did not witness any altercation but testified to hearing about it from D or other SEALs later that night at Danny's or at breakfast the following morning. P was there at the bar but denies ever making the statements or getting in a fight. P had numerous witnesses who were at the bar the entire evening and that the events described in American Sniper never happened. The following day at the BUD/S graduation ceremony, no witnesses observed any indication that P had been punched in the face, such as bruising, swelling, or abrasions, including Wayne Robertson, who stood next to P for photos and interacted with him throughout the day. D moved for summary judgment.