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Carroll v. Trump

88 F. 4th 418 (2023)

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Carroll v. Trump

United States Court of Appeals for the Second Circuit
88 F. 4th 418 (2023)

SC

Facts

In November 2019, while Donald Trump (defendant) was president of the United States, E. Jean Carroll (plaintiff) asserted that Trump had sexually assaulted her in the 1990s. Trump responded with a series of statements denying the accusation and alleging that Carroll made the false accusation to sell a book. Carroll sued Trump for defamation. In December 2022, Trump moved for summary judgment. Trump raised presidential immunity as an affirmative defense for the first time in his reply brief on the motion. Trump also filed a motion for leave to amend his answer to include presidential immunity. In July 2023, the district court denied Trump’s motion for leave to amend and his motion for summary judgment, finding that Trump waived his presidential-immunity defense by failing to raise it at the beginning of the litigation. Concurrently, in May 2023, Carroll filed an amended complaint, adding additional statements that Trump had made. Trump filed an amended answer to the complaint that relied on presidential immunity for the first time. The district court struck the portion of the amended answer that relied on presidential immunity. The court ruled that Trump had waived the defense and could not revive it with an amended answer filed approximately three years after his initial answer. Trump appealed.

Rule of Law

Issue

Holding and Reasoning (Cabranes, J.)

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