Kathryn Stockett filed an answer and motion for summary judgment on April 14, 2011 (copy posted below) in response to the lawsuit filed against her by Abline Cooper in Hinds County Circuit Court. Ablene Cooper filed suit against Kathryn Stockett, the author of The Help, for $75,000 in damages for intentional infliction of emotional distress in Hinds County Circuit Court yesterday. Ms. Cooper worked as a maid in the home of Ms. Stockett's brother and also "served as a babysitter" for his child. Copy of complaint
Ms. Cooper alleged she asked Ms. Stockett not to use her "name and likeness" in the novel and Ms. Stockett refused. Ms. Cooper claims "It has been emotionally upsetting and highly offensive to Ablene to be falsely portrayed in "The Help" as an African-American maid in Jackson, Mississippi who uses this kind of language and compares her skin color to a cockroach" and that her "portrayal of Ablene in such a false light is highly offensive to a reasonable person." Ms. Cooper also states Ms. Stockett still refuses to acknowledge her misappropriation of Ms. Cooper's identity and treatment of her as well. Ms. Cooper stipulates her damages should be limited to $75,000.
Ms. Stockett argues in her motion for summary judgment most, if not all, of Ms. Cooper's claims are barred by the statute of limitations. Ms. Cooper filed her lawsuit two years after publication of The Help. Ms. Stockett argues the torts of invasion of privacy and intentional infliction of emotional distress are subject to a statute of limitations period of one year. Ms. Stockett also claims the novel is not about Ms. Cooper but "is about a matter of public concern", race relations. Ms. Stockett opines to the court there is no way anyone could mistake the Abilene character for the real-life Ablene. She states "the first names are spelled differently", "the last names are different", and the character would be 102 years old today and thus no one would mistake a 102 year old lady for a middle-aged woman. Ms. Stockett also trots out the expected free speech arguments, again arguing the book is about a matter of "public concern" and is entitled to "special protection" under the first amendment. Ms. Stockett is represented by Fred Banks, a highly-esteemed lawyer who was the second black Justice on the Mississippi Supreme Court.
4 comments:
This is legal silliness that could have been prevented by either party. Ms. Sackett could have changed the name of the character in the book so easily, and Ms. Cooper could have just as easily overlooked the use of a first name that was spelled almost like hers. Much ado about nothing, and as usual in situations like this, the only people who will make any money are the attorneys. Bill Billingsley
BB is correct. It reminds of the story of the town that was so small that it couldn't support a lawyer, but it could support two lawyers ;-)
sackett is the one who got sued; you pretty much better respond when that happens.
Once again....another bogus lawsuit at an attempt to extort money. Waste of time
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