United States District Court, W.D. Kentucky, Paducah Division
MARK J. BARDWELL, Plaintiff,
KENTUCKY NEW ERA NEWSPAPER, et al., Defendants.
B. Russell, Senior Judge United States District Court
Bardwell, proceeding pro se and in forma
pauperis, filed this action against, as pertinent to
this opinion, the Kentucky New Era newspaper and
Chuck Henderson, whom he identifies as the Chief Executive
Officer of the newspaper, bringing a common-law claim for
libel. In detail, Bardwell alleges that the Kentucky New
Era published a defamatory article which described
certain criminal charges brought against him. Pursuant to
Federal Rule of Civil Procedure 12(b)(6), the Kentucky
New Era and Henderson filed a motion to dismiss
Bardwell's claim against them. Upon its own motion, the
Court converted that filing into a motion for summary
judgment. Because the Kentucky New Era and,
ostensibly, Henderson published a fair and impartial report
of the allegations made against Bardwell, the Kentucky
New Era and Chuck Henderson's Motion to Dismiss, [R.
18], is GRANTED.
Mark J. Bardwell alleges that the Kentucky New Era
newspaper, along with Chuck Henderson, whom he identifies as
the Chief Executive Officer of the newspaper, published a
false and injurious article about him. [See R. 1 at
2, ¶ 4 (Complaint); R. 5 at 5 (Amended Complaint).] The
A Hopkinsville man was arrested Wednesday after he hit
someone in the head and threatened them, according to an
The warrant accuses Mark J. Bardwell, 45, of demanding $20
from the person before hitting them on Oct. 26. Later that
day, Bardwell allegedly came to that person's place of
work and harassed them over the money.
The person was afraid of being hit again, so they threw a
two-by-four at Bardwell, the warrant said.
On Oct. 22, Bardwell told the person they would “end
up” like their brother, who was murdered, according to
Bardwell was charged with third-degree terroristic
threatening and second-degree robbery and booked into the
Christian County Jail. Bail was set at $2, 000.
[R. 28 at 2 (Article).] The warrant referenced in the article
The Affiant, Thomas Lyle, states that [on October 26, 2015] .
. ., the above named defendant [Bardwell] unlawfully:
demanded $20 from the affiant, who told him no. Defendant
then hit affiant in the head. Later that day, defendant came
to where affiant was working and began to harass him over
money. Affiant was afraid of being hit again and threw a 2 x
4 at defendant. On Oct. 22, 2015, Defendant had told affiant
he was going to “end up” like affiant's
brother, who was murdered.
[R. 18-3 at 11 ...