Well, it certainly IS a slap in the face of Caddo Commissioner Chris Kracman. I am referring to the defamation lawsuit filed against him last week.
That slap is different from a SLAPP lawsuit. This is an acronym for "Strategic Lawsuit Against Public Participation."
SLAPP is defined as a lawsuit intended to silence criticism and/or to prevent someone from exercising their right to free speech. In these actions, the goal of the person(s) suing is to intimidate the person sued into abandoning criticism through legal costs, fear, exhaustion, and/or humiliation regardless of whether the suing party (plaintiff) wins the case.
SLAPP suits can also be filed to intimidate others from criticizing the parties filing the litigation.
SLAPP suits typically are filed against individuals exercising their First Amendment rights, such as freedom of speech or press.
The claims in a SLAPP suit are often weak or baseless, and the plaintiff may not even expect to win the case. SLAPP suits can be expensive to defend even if the suits are ultimately dismissed.
Louisiana law does provide some relief from a SLAPP action. Louisiana Civil Code of Procedure Article 971 provides for a special motion to strike a lawsuit under certain conditions:
"A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or Louisiana Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established a probability of success on the claim."
This statute sets forth the various requirements needed to be successful on a motion to defeat the lawsuit.
For legal eagles, this litigation and the possible defense actions that Kracman/counsel make for great reading and debate. But certainly not for Kracman, his family and friends.
A more pressing issue is whether or not Caddo Parish will hire outside counsel to represent Kracman. One can expect lotsa fireworks on this issue at the Commission's work session on Monday (Aug. 4) and its regular meeting next Thursday (Aug.7).
If Caddo Parish attorney Donna Frazier does not change her position of NO attorney to be hired by the Parish, a declaratory judgment action may be filed by Kracman. This would be a lawsuit to have a Caddo court decide if the Parish must hire counsel for Kracman.
This case has the potential to become a big , big black eye for the Caddo Parish administration, and for that matter the Caddo Commission.