KNOXVILLE, Tenn. (WOKI/WVLT) – United States District Judge John Broomes has dismissed a defamation lawsuit against Tennessee Representative Tim Burchett.
The lawsuit stems from a February shooting in Kansas City following the Chief’s Super Bowl victory.
1 person died, 22 injured including minors in shooting following Chiefs’ Super Bowl parade.
The lawsuit, filed in the United States District Court in Kansas in March by Denton Loudermill, Jr., says Burchett shared photos of Loudermill on X, formerly known as Twitter, claiming he was one of the shooters and an “illegal alien.”
The lawsuit says Loudermill attended the parade and was told by police in the moments after the shooting he was moving “too slow” when he tried to go under police tape to leave the area.
He was then handcuffed and sat on a curb for about 10 minutes before being unhandcuffed and told by police he was “free to go,” the lawsuit says.
The lawsuit further says Burchett removed the post referring to Loudermill as an “illegal alien,” but he made another post with the image that misidentified him as “one of the shooters.”
The lawsuit also says Loudermill has received death threats and suffered mental distress from being falsely identified as an “illegal alien” and “shooter.”
Burchett has now submitted a motion to dismiss the lawsuit, arguing the federal court in Kansas does not have jurisdiction.
In the motion, it is argued that Burchett didn’t know Loudermill or that he was a resident of the State of Kansas.
“Mr. Burchett’s reposting of an image of [Loudermill] already seen by millions of people did not place [Loudermill] in a false light and certainly does not establish jurisdiction. Neither Mr. Burchett’s February 15th post nor his retraction made on the 19th of February were directed at the State of Kansas in any way. Further, those posts were not intended or expected to cause injury in Kansas,” the motion says.
The motion continues by saying Burchett “did not engage in any intentional act which was ‘expressly aimed’ at the State of Kansas with ‘knowledge that the brunt of the injury would be felt there.”
According to the motion, the venue is not appropriate in the United States District Court for the District of Kansas because it occurred outside of the state.
Loudermill aksed for $75,000 in damages for acts considered “willful, wanton, reckless and malicious,” according to the lawsuit.
Broomes granted the motion on September 24.
Story courtesy of WVLT
