Federal Judge Richard Leon has tossed out two motions to dismiss former USDA official Shirley Sherrod’s defamation suit against Andrew Breitbart, Zoe Tillman reports for Legal Times.
Leon denied Breitbart’s initial motion to dismiss as well as a special motion to dismiss under Washington’s new statute barring strategic lawsuits against public participation, or SLAPPs. Leon did not publish a written opinion along with his orders.
Reached on his cell phone by TPM, Breitbart said he hadn’t yet heard of the judge’s decision but would take a look and get back in touch if he had any comment.
Sherrod sued Breitbart over an out-of-context video he posted of her on his Big Government website which made a story she told about overcoming racial prejudice sound like she was advocating for discriminating against whites. Breitbart told TPM back in March that he stood by everything he’s said about Sherrod and that he was excited for the discovery phase of the lawsuit.