Denver school board member Tay Anderson will appeal a judge’s decision to dismiss the bulk of a defamation lawsuit against BLM5280 and a parent, his attorney, Issa Israel, said Thursday morning.
A judge this week dismissed the bulk of a defamation lawsuit filed by Denver school board member Tay Anderson against Black Lives Matter 5280, its leadership and a parent, ruling their unsubstantiated claims of sexual assault against Anderson were protected speech and Anderson would not be able to prove they made the claims with actual malice.
In March 2021, Black Lives Matter 5280 posted a statement on its social media accounts saying a woman had come to them with allegations that she was sexually assaulted by Anderson. The claim led Anderson’s fellow Denver Public Schools board members to hire ILG, an independent firm, to investigate the allegations.
“We really have no choice but to appeal that,” Israel said. “We don’t think the judge applied the law correctly.”against BLM5280, the organization’s leaders, Brooks Fleming and Jeeva Senthilnathan, a young activist from Parker, in November. “An allegation of sexual assault against a public official, such as Plaintiff, is newsworthy because the allegation necessarily involves his fitness for public office, the public trust between Plaintiff and his constituents in Denver and, as such, is a matter of public concern to the community,” the judge wrote.
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