Thomas v US, CA 87-1820

Section 6

ORDER

Defendants News World Communicatons, De Borchgrave, and Pak have filed a motion to dismiss the complaint as against them. Defendant Jay Young has filed an answer to the complaint ans prays for dismissal on grounds identical to those advanced in the motion to dismiss. For this reason, defendants Young is treated for purposes of this Order and in the foregoing Memorandum as having joined the motion to dismiss filed by defendants New World Communications, et al.

As more fully stated in an accompanying Memorandum, the First Amendment precludes plaintiffs' action for damages against The Washington Times or its editors, employees, or associates for any alleged injury arising out of statements of opinion published in that newspaper. Moreover, plaintiffs have failed adequately to state a claim against these defendants upon which relief can be granted under 42 U.S.C. §§ 1983, 1985(3), or 1986. Plaintiffs' common law claims for libel, defamation, assault and/or battery, and intentional infliction of emotional distress, further, are barred here by the District of Columbia one-year statute of limitations. Accordingly, it is this 23rd day of February, 1988, hereby

ORDERED: that defendants' motion to dismiss should be and is hereby GRANTED; and it is further

ORDERED: that the claims in the complaint against defendants not a party to the News World Communications motion to dismiss and not resolved by this Order should be and are hereby consolidated with pending Civil Action No. 84-3552-LFO.

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