Judge Details Hatfill Lawsuit Rejection

A federal judge said this week he dismissed former government scientist Steven Hatfill’s defamation lawsuit against the New York Times because the plaintiff was a public official who was unable to prove the newspaper knowingly printed incorrect information (see GSN, Jan. 16).

Authorities at one point described Hatfill, a former scientist for the U.S. Army Medical Research Institute of Infectious Diseases at Fort Detrick in Maryland, as a “person of interest” in the 2001 anthrax mailings that killed five people.

He claimed he was defamed in pieces by Times columnist Nicholas Kristof.  The columnist first wrote that investigators were focusing on “Mr. Z,” a government scientist.  Kristof identified Hatfill in August 2002, saying he had acknowledged being Mr. Z and felt he was receiving unfair treatment from the press.

Judge Claude Hilton dismissed the lawsuit last month, and issued his opinion on Tuesday, the Times reported.

“The opinion is more or less what we expected, given the judge’s earlier statements,” Mark Grannis, Hatfill’s lawyer, told the Times.  “We will appeal, and we expect to prevail.”

Hilton said he had determined that Hatfill was both a public official and a public figure, meaning a successful defamation claim would require a higher level of proof than would be needed for private citizen.  A public figure would have to show “actual malice” on the part of the writer — knowing or greatly suspecting that the published material was false.

Hatfill performed contract work for the federal government after leaving his job, meaning he remained a public official.  He also identified himself as a bioterrorism expert and was interviewed by various news organizations, meaning he was a public figure, the judge said.

Hilton’s opinion details the FBI investigation of the anthrax attacks, including as it related to Hatfill. “Notes regarding the anthrax mailings, a spinner flask of anthrax stimulant and a container of Cipro” were found in Hatfill’s car and his girlfriend’s condominium, the judge said.

The flask could be used in the study of anthrax, while Cipro is an antibiotic used to threat anthrax infection (Stephen Labaton, New York Times, Feb. 2).

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