The NFL’s Inspire Change campaign has resulted in litigation against the league.
Via the WTHR.com, Indianapolis police officer De’Joure Mercer has sued the league for defamation as a result of the inclusion of Dreasjon Reed in the league’s list of “victims of systemic racism, victims of police misconduct, and social justice heroes.”
Mercer fatally shot Reed in May 2020. A grand jury eventually declined to charge Mercer with any crime. Investigators concluded that Reed fired twice at Mercer.
“The Video gives rise to the inference, implication, and imputation that Mercer committed occupational misconduct and even criminal acts during the May 6 Encounter with Reed, similar to that which were inflicted upon George Floyd,” Mercer’s lawyer’s contend in court filings. “This inference, implication, and imputation is false because Mercer committed no such acts. Similarly, the Video accuses Mercer of committing acts amounting to ‘social injustice,’ which is unequivocally and demonstrably false.”
Because Mercer is not a public figure, he can prevail under the theory of defamation simply by proving that the league made a false claim about him, without proof of actual malice. The argument will be that including Reed in the video amounts to a statement from the league that Mercer committed criminal misconduct, when it was determined by the appropriate authorities that he did not.
Truth is a defense to any claim of defamation, however. This could require the league to eventually attempt to prove that Mercer did indeed engage in criminal misconduct in connection with the killing of Dreasjon Reed. Whatever the approach, count on the league to aggressively defend itself -- as it always does.