Hawbecker v. Hall

276 F. Supp. 3d 681 (2017)

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Hawbecker v. Hall

United States District Court for the Western District of Texas
276 F. Supp. 3d 681 (2017)

  • Written by Brett Stavin, JD

Facts

In April 2014, Michelle Hall (defendant) created a Facebook page that included accusations that Paul Hawbecker (plaintiff) sexually molested and took pictures of Hall’s daughter. Hawbecker sued Hall for defamation, claiming that Hall made knowingly false statements on Facebook and to Hawbecker’s employer. The court found Hall liable for defamation per se based on the nature of the statements. A second trial was held on the issue of the damages to be awarded. Hawbecker testified that the false accusations caused his income to drop from $2,500 to $500 per month over the course of 34 months from April 2014 through March 2017. Hawbecker also testified that he was terminated at the end of February 2017 based on the false accusations, and that the defamatory statements adversely affected his ability to obtain future employment. Further, Hawbecker testified that the false accusations had made it nearly impossible for him to continue some of his recreational hobbies, such as working as a martial arts instructor or volunteering with children. Hawbecker sought general damages in the amount of $500,000, economic damages in the amount of $432,000 for lost wages and lost future earnings, and exemplary damages in the amount of $400,000. Hawbecker also sought a court order requiring Hall to contact members of the Facebook group and to apologize for her conduct, and to additionally contact Facebook corporate headquarters and request removal of the page from Facebook servers. Hall did not appear in person or defend herself in the damages trial, in part because of her inability to afford to hire legal representation.

Rule of Law

Issue

Holding and Reasoning (Lamberth, J.)

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