False Allegations : Defamation award $1.2 million against ex-spouse
Posted by: "Ray Lautenschlager"
ma5hie@hotmail.com drmashie
Tue Sep 1, 2009 12:35 pm (PDT)
Husband falsely accused of child rape wins $1.2 million from ex-spouse
By Phil Trexler
Beacon Journal staff writer
POSTED: 12:50 p.m. EDT, Aug 21, 2009
The flier went out to neighbors in bold letters: CHILD RAPIST.
The text contained the name and address of the accused with more bold words:
BE ALERT! PROTECT YOUR CHILDREN.
Rodd Sutton, formerly of Akron, was the target of the flier. It was another
part of his contentious custody dispute that began more than 10 years ago
with his ex-wife, Victoria Douglas.
Police and Summit County Children Services investigated the rape complaint
in 2004, when Douglas alleged her husband had inappropriate contact with
their daughter, now 10.
Authorities found the charges untrue, but that didn't stop the ex-wife from
passing out the fliers to neighbors.
The husband, 46, then went on the offensive, suing his ex-wife and her
mother.
A Summit County jury this month sided with Sutton, awarding him more than
$1.2 million in damages for defamation, invasion of privacy and intentional
infliction of emotional distress.
Sutton's attorneys, Tim Hanna and James Campbell, said collecting the
settlement might be an issue, but the case is about more than money, they
said.
''Maybe it's not about the issue of collecting,'' Campbell said. ''Maybe
it's about the principal of vindicating this guy and showing you can stand
up for what you believe in.''
Neither Douglas nor her attorney, Larry Shenise, were available for comment.
Paper consumes the dockets of the ex-couple's divorce and civil lawsuits
with hundreds of entries and countless reams of motions filled with
allegations of child abuse and drug use, as well as contempt of court
findings against each side over visitation and other issues.
The case took a more public turn when Sutton sued over the fliers
distributed to neighbors. It happened after complaints of sexual abuse
lodged against the husband by the ex-wife in 2004.
Douglas, 44, made the allegations to Akron and Springfield police, Akron
Children's Hospital and Children Services.
Each agency found no evidence of abuse.
Sutton's attorneys contend Douglas transferred a house in Lakemore from her
name to her mother, Rosemary Douglas, to save it from possible loss in the
defamation lawsuit.
A jury awarded Sutton $136,000 from his former mother-in-law for the
property transaction. Victoria Douglas now resides in Florida with her
daughter.
The case was heard by a jury and Judge Alison McCarty.
Campbell said the only question asked by jurors was whether they could give
Sutton more money than he was seeking.
The flier went out to neighbors in bold letters: CHILD RAPIST.
The text contained the name and address of the accused with more bold words:
BE ALERT! PROTECT YOUR CHILDREN.
Rodd Sutton, formerly of Akron, was the target of the flier. It was another
part of his contentious custody dispute that began more than 10 years ago
with his ex-wife, Victoria Douglas.
Police and Summit County Children Services investigated the rape complaint
in 2004, when Douglas alleged her husband had inappropriate contact with
their daughter, now 10.
Authorities found the charges untrue, but that didn't stop the ex-wife from
passing out the fliers to neighbors.
The husband, 46, then went on the offensive, suing his ex-wife and her
mother.
A Summit County jury this month sided with Sutton, awarding him more than
$1.2 million in damages for defamation, invasion of privacy and intentional
infliction of emotional distress.
Sutton's attorneys, Tim Hanna and James Campbell, said collecting the
settlement might be an issue, but the case is about more than money, they
said.
''Maybe it's not about the issue of collecting,'' Campbell said. ''Maybe
it's about the principal of vindicating this guy and showing you can stand
up for what you believe in.''
Neither Douglas nor her attorney, Larry Shenise, were available for comment.
Paper consumes the dockets of the ex-couple's divorce and civil lawsuits
with hundreds of entries and countless reams of motions filled with
allegations of child abuse and drug use, as well as contempt of court
findings against each side over visitation and other issues.
The case took a more public turn when Sutton sued over the fliers
distributed to neighbors. It happened after complaints of sexual abuse
lodged against the husband by the ex-wife in 2004.
Douglas, 44, made the allegations to Akron and Springfield police, Akron
Children's Hospital and Children Services.
Each agency found no evidence of abuse.
Sutton's attorneys contend Douglas transferred a house in Lakemore from her
name to her mother, Rosemary Douglas, to save it from possible loss in the
defamation lawsuit.
A jury awarded Sutton $136,000 from his former mother-in-law for the
property transaction. Victoria Douglas now resides in Florida with her
daughter.
The case was heard by a jury and Judge Alison McCarty.
Campbell said the only question asked by jurors was whether they could give
Sutton more money than he was seeking.
Ray Lautenschlager
PACE Akron
"The keeper of the penny"
#3
"Success is more permanent when you achieve it without
destroying your principles". - Walter Cronkite
We are continually faced with a series of great opportunities
brilliantly disguised as insoluble problems.
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