By Corinne Murdock |
A Scottsdale mother was victorious in a lawsuit filed against her by the father of the former Scottsdale Unified School District (SUSD) Governing Board president.
Judge Joan Sinclair issued an anti-SLAPP ruling — Strategic Lawsuit Against Public Participation — in the case Greenburg v. Wray earlier this week.
The plaintiff, Mark Greenburg, and his son, SUSD’s former and ousted board president, Jann-Michael Greenburg, were involved in a secret dossier on perceived political opponents consisting of parents and community members, including Wray.
“[T]his lawsuit was substantially motivated by a desire to deter, retaliate against or prevent [Wray’s] lawful exercise of her constitutional rights,” stated Sinclair.
Greenburg alleged that Wray committed defamation, false light, intrusion upon seclusion, and public disclosure of private facts.
Greenburg alleged that Wray’s claims that he “intimidated,” “challenged,” and “harassed” her were defamatory, as well as claims including how a source told Wray that Greenburg threatened another individual with a weapon, stalked her, created the dossier to harass and intimidate her, and cyber stalked her. Sinclair determined that none of Wray’s speech qualified as defamatory. Sinclair also noted that accepting any of Greenburg’s defamation claims would chill free speech.
“All of these comments are opinion or hyperbole made in the context of a heated political debate,” said Sinclair. “A reasonable listener would interpret the aforementioned comments to be [Wray’s] perception that she is a victim of political attack, not that she is actually stating that [Greenburg] committed criminal offenses.”
Sinclair also ruled against Greenburg’s claim of false light, invasion of privacy, and intrusion upon seclusion, writing that Greenburg qualified as a limited public figure by participating in a public and “heated” political environment on the reopening of public schools.
Finally, as to Greenburg’s claim of the public disclosure of private facts, Sinclair observed that Greenburg’s dossier only contained information about Wray and his other political adversaries and not himself. Sinclair also noted that it was Greenburg’s son, Jann-Michael, that inadvertently disclosed the Google Drive link to Wray and others. Accordingly, Sinclair ruled that Greenburg’s claim wasn’t viable.
At the opening of her ruling, Sinclair quoted from evidence detailing Greenburg’s advice to his son about running for the Maricopa County Community College District Board. Greenburg said that they needed to launch a litigious campaign against Wray to stop her.
“Amanda Wray is just fixated on you and if you think for one minute that when you run for MCCC that she is going to leave you alone, I think you are wrong,” said Greenburg. “It is a mistake not to surgically punish her with litigation.”
Sinclair awarded attorney’s fees to Wray.
Wray filed the anti-SLAPP motion last April after Greenburg sued her for publicizing his dossier to social media and various media outlets. Scottsdale Police dropped their investigation in December after determining it fell outside their jurisdiction since the dossier consisted of open source and public documents; they referred the case to former Attorney General Mark Brnovich, the Maricopa County Attorney’s Office, and the FBI. No updates have been issued on the case from the agencies since then.
Wray’s lawyer and top GOP official, Harmeet Dhillon, noted that this ruling was the first in Arizona law after an evidentiary hearing.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
