Jackson Jambalaya

The Help author Kathryn Stockett filed a reply in support of motion for summary judgment on May 11 in Hinds County Circuit Court. A hearing is set for August 16 in Judge Tomie Green's courtroom at 9:00 AM. 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 on February 11. Ms. Cooper worked as a maid in the home of Ms. Stockett's brother and also "served as a babysitter" for his child.

Ms. Cooper alleges 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. Stockett filed a motion for summary judgment on April 14, 2011. Ms. Stockett argued 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.

Ms. Cooper responded with an answer to Ms. Stockett's motion filed on April 27. She claimed Ms. Stockett "fraudulently induced" her to "believe The Help was no big deal and the book was rejected no less than sixty times. The response includes a quotes from an 2009 interview (last page of documents posted below) with the Atlanta Journal Constitution:

"When I was writing this book I never thought anyone else would read it, so I didn't get real creative with the names. I just used people I knew. Some of them aren't talking to me right now, but I feel like they'll come around...."

"I was terrified when I realized it was going to be published."

Needless to say, Ms. Cooper uses this statements to argue Ms. Stockett was terrified because she allegedly misappropriated identities and would be found out after publication. The rest of the response merely restates the alleged injuries and damages outlined in the complaint and Ms. Cooper's affidavit (The two documents are included in the linked posts below.).

The catfight continues as in Ms. Stockett's reply to Ms. Cooper's reply to her reply to Ms. Cooper's lawsuit (sorry, could not resist). The new filing argues Ms. Cooper "does not dispute the material facts" - one of them being the book was published before February 10, 2009. Ms. Stockett uses that date to argue the statute of limitations of one year had expired, thus depriving Ms. Cooper of her ability to sue. Ms. Stockett claims Ms. Cooper was put on notice when the author sent her a free copy of the book and said she told Ms. Cooper "her favorite character in the book was an African-American child-carer names Abileen who was born in 1911" and the character was based on Demetrie McLorn. Ms. Stockett states no concealment occurred and there was no "plan" to keep the plaintiff in the "dark about the contents of the novel." Indeed, Ms. Stockett calls Aibileen the heroine of the novel and one who is not demeaned in anyway by her portrayal.





Earlier posts
Lawsuit filed
NY Times has new facts about Help lawsuit
Author of The Help fires back
Help Author was terrified and not real creative with names