Carney

Steven Carney sued Santa Cruz Women Against Rape (SCWAR) for libel, invasion of privacy and intentional infliction of emotional distress after SCWAR published in its periodic newsletter that Carney had assaulted and attempted to rape Karen W. The jury returned a verdict in Carney’s favor and awarded him $7,500 in compensatory damages and $25,000 in punitive damages.

We conclude that the trial court erred in failing to instruct the jury that SCWAR’s negligence was an element of libel and in failing to instruct the jury that proof of New York Times malice (New York Times Co. v. Sullivan (1964) 376 U.S. 254 [ 11 L.Ed.2d 686 , 84 S.Ct. 710 , 95 A.L.R.2d 1412 ]) was required in order for Carney to recover punitive damages. The judgment is reversed and remanded for a new trial.

Facts and Procedural Background

On June 23, 1984, Carney and his friend Mark Wilson took a coworker, 19-year-old Karen W., out drinking. Wilson purchased the alcohol.

The next day Karen contacted SCWAR. Karen told SCWAR members that Carney and Wilson took advantage of her after she passed out from intoxication. She stated that when she regained consciousness, she was in the front seat of a vehicle…