patricia e. ronan law, llc · in the superior court of the state of arizona for the county of pinal...

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Page 1 of 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Patricia E. Ronan Law, LLC 3370 N. Hayden Rd. #123-793 Scottsdale, AZ 85251 Telephone: 917 232 0345 Attorney for Plaintiff Patricia E. Ronan, No. 029009 [email protected] IN THE SUPERIOR COURT OF THE STATE OF ARIZONA FOR THE COUNTY OF PINAL Case No.: COMPLAINT for DAMAGES (Libel) Jury Trial Demanded Plaintiff Blake King, by and through his attorneys, Patricia E. Ronan Law, LLC, for his Complaint against Defendants states as follows: INTRODUCTION 1. This complaint arises out of repeated false, defamatory statements made and published about Plaintiff Blake King by the Defendants. On April 11 and April 13, 2012, Defendants deliberately published several false, malicious, defamatory statements intended to damage the good reputation, integrity, credibility, and professional regard for Plaintiff. Plaintiff (“Lt. King) is a lieutenant serving Pinal County with good faith and integrity. Nonetheless, BLAKE KING; Plaintiff, vs. PHOENIX NEW TIMES LLC, MONICA ALONZO, RICK BARRS, ERIC TSETSI, VILLAGE VOICE MEDIA HOLDINGS LLC, and DOES 1-10; Defendants.

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Page 1: Patricia E. Ronan Law, LLC · IN THE SUPERIOR COURT OF THE STATE OF ARIZONA FOR THE COUNTY OF PINAL Case No.: COMPLAINT for DAMAGES (Libel) Jury Trial Demanded Plaintiff Blake King,

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Patricia E. Ronan Law, LLC 3370 N. Hayden Rd. #123-793

Scottsdale, AZ 85251

Telephone: 917 232 0345 Attorney for Plaintiff

Patricia E. Ronan, No. 029009

[email protected]

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

FOR THE COUNTY OF PINAL

Case No.:

COMPLAINT for DAMAGES (Libel)

Jury Trial Demanded

Plaintiff Blake King, by and through his attorneys, Patricia E. Ronan Law, LLC, for his

Complaint against Defendants states as follows:

INTRODUCTION

1. This complaint arises out of repeated false, defamatory statements made and

published about Plaintiff Blake King by the Defendants. On April 11 and April 13, 2012,

Defendants deliberately published several false, malicious, defamatory statements intended to

damage the good reputation, integrity, credibility, and professional regard for Plaintiff. Plaintiff

(“Lt. King”) is a lieutenant serving Pinal County with good faith and integrity. Nonetheless,

BLAKE KING;

Plaintiff,

vs.

PHOENIX NEW TIMES LLC,

MONICA ALONZO,

RICK BARRS, ERIC TSETSI,

VILLAGE VOICE MEDIA

HOLDINGS LLC, and DOES 1-10;

Defendants.

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Defendants represented in two articles that were known by Defendants to be false at the time

they were published or were published with reckless disregard to the falsity of the statements,

that King attempted to violate Arizona laws by requesting the destruction of public records and

sought to “cover up” the arrest of a suspect. Lt. King, through his attorney, demanded a

correction of the false, damaging statements and provided Defendants with information

regarding their errors – information from the same sources Defendants purported to rely on. In

response, rather than admit that they had failed to present the truth and committed a wrongdoing

by falsely reporting Lt. King’s actions, Defendants issued only a minor correction and left the

most injurious false statements intact. Defendants’ statements that Lt. King undertook improper

acts with bad motives have had the intended effect. A reasonable reader would regard Lt. King

as a public servant who violates the law, interferes with judicial process and criminal law

enforcement, acts out of bias, and seeks to use his position to advantage certain citizens above

others. In truth, Lt. King did not engage in the reported conduct. Lt. King has suffered severe

damage to his personal and professional reputations and long-term harm to his career in law

enforcement.

JURISDICTION AND VENUE

2. Jurisdiction is proper in this Court because Plaintiff resides in and has suffered

injury in Arizona as a result of Defendants' tortious act of publishing defamatory statements

about Plaintiff on the Internet concerning Plaintiff’s occupation as a law enforcement officer

in Pinal County. In addition, jurisdiction is proper because the defamatory statements were

published to millions of people in the United States including persons in the State of

Arizona.

3. Venue is proper in this Court because the acts and conduct falsely alleged by

Defendants occurred in Pinal County. Defendants’ Internet publications are available to readers

in Pinal County.

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PARTIES

4. Plaintiff Blake King is a resident of Arizona, employed as lieutenant of the Pinal

County Sheriff’s Office. He has worked for Pinal County in this capacity since January 2009.

Previously, Lt. King served for five years as a law enforcement officer with the Chandler Police

Department. There he received accolades for meritorious service and life saving, as well as a

Medal of Honor.

5. Defendant Monica Alonzo is staff writer for The Phoenix New Times. On

information and belief, she is a resident of Arizona. On information and belief, Defendant

Alonzo contacted officials of Pinal County to request documents relating to the topics of the

defamatory April 11 and April 13, 2012 articles. Monica Alonzo is credited as the author of the

defamatory and libelous articles that are the subject of this action.

6. Defendant Phoenix New Times LLC is a Delaware corporation with its primary

offices at 1201 E. Jefferson, Phoenix, Arizona. Phoenix New Times LLC publishes The

Phoenix New Times, also called The New Times herein. The New Times distributes its paper in

Maricopa County every week, and posts the paper, additional blogs, and reader comments on its

Internet site, which is available throughout the world, including Pinal County, Arizona. The

New Times claims hundreds of thousands of loyal readers, and reports to reach over 1,192,999

adults online.

7. Defendant Rick Barrs is editor of The Phoenix New Times. On information and

belief, he is a resident of Arizona. On information and belief, Defendant Barrs supervises staff

writers, including Defendant Alonzo, manages content of articles, has authority to alter articles

prior to publication, and has authority to withhold articles from publication. On information

and belief, Defendant Barrs approved of the content of the defamatory and libelous articles that

are the subject of this action.

8. Defendant Eric Tsetsi is web editor of The Phoenix New Times. On information and

belief, he is a resident of Arizona. On information and belief, Defendant Tsetsi supervises staff

writers, including Defendant Alonzo, manages content of blog articles, has authority to alter

content prior to Internet publication, and has authority to withhold content from being posted on

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the Internet. On information and belief, Defendant Tsetsi approved of the content of the

defamatory and libelous articles that are the subject of this action.

9. Defendant Village Voice Media Holdings LLC is a Delaware corporation. On

information and belief, Village Voice Media Holdings LLC publishes The Phoenix New Times

in Arizona, including by maintaining the website for the paper.

10. The true names of defendants DOES 1 through 10, inclusive, are unknown to Plaintiff,

who therefore sues such defendants by fictitious names. On information and belief, each of the

defendants designated as a DOE is legally responsible for the events and happenings referred

to in this complaint, and unlawfully caused the injuries and damages to Plaintiff alleged in

this complaint.

11. On information and belief, each of the defendants DOES 1-10, inclusive, is a

resident of Arizona or does business in Arizona.

BACKGROUND

12. On or about the weekend of April 9, 2011, an annual musical event known as

Country Thunder took place in Florence, Pinal County, Arizona.

13. Country Thunder draws music fans from outside the community to attend the events.

During Country Thunder, some of these participants reside in campsites adjacent to the concert

area.

14. On April 9, 2011, two law enforcement officers, Andrew Goode and Hugh Grant,

worked a shift at Country Thunder.

15. Grant is not a member of the Pinal County Sheriff’s Office. Grant was working an

off-duty shift, because Country Thunder attracts so many visitors that Pinal County requires

additional assistance from law enforcement officers in the area.

16. Goode is a Detective with the Pinal County Sheriff’s Office.

17. Grant and Goode were both assigned to the Liquor Enforcement Detail, which tasked

them with conducting a patrol within the concert grounds to enforce laws against under-age

drinking.

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18. Both Grant and Goode were wearing plain, civilian clothing, and on information and

belief, part of their attire included jackets that obscured the identification badges that each wore,

one at his belt, the other around his neck.

19. Prior to commencing their patrol, Grant and Goode were required to attend a briefing

given by Pinal County Sheriff’s Office personnel at the Liquor Command Post.

20. At that briefing, specific instructions were given to the Liquor Enforcement Detail

that they were not to enter into any campsite areas. The reason for this instruction was also

made clear: the plain-clothed officers would not be readily identifiable as law enforcement, and

if they were to enter such spaces there was a heightened risk of danger to the officers and

campground residents based on misidentification.

21. Grant later made a statement to Pinal County Sheriff’s Office that he attended the

briefing at the Liquor Command Post prior to his shift, where these instructions were made.

22. On information and belief, Goode also attended this briefing and received these

instructions.

23. On April 9, 2011, around 5 p.m., Goode and Grant were on patrol in an area of the

concert grounds adjacent to a campsite near the entrance of Country Thunder. On information

and belief, the officers observed women within the campsite area standing on scaffolding and

calling to passers-by. According to Grant and Goode, these women were encouraging other

women to lift their shirts and flash their breasts. On information and belief, Grant and Goode

did not perceive that any of the women on the scaffolding was too young to consume alcohol.

24. On information and belief, Grant and Goode took it upon themselves to exceed the

scope of their instructions to enforce laws prohibiting underage alcohol consumption, and

elected to enforce public decency laws.

25. Although Goode and Grant were specifically ordered not to enter any campsite, on

information and belief, both entered the campsite where the women on the scaffolding were

located. On information and belief, they did so after yelling to the women on the scaffolding

that they were police officers and ordering the women to descend the scaffolding.

26. On information and belief, Grant and Goode also pulled their jackets aside to flash

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their respective neck and hip badges to the women.

27. On information and belief, when this initial verbal identification and flashing of

badges occurred, Goode and Grant were not visible or audible to many individuals inside the

campsite.

28. As a result of their order, one of the women fell off the scaffolding as she tried to

descend.

29. On information and belief, Goode and Grant then entered the campsite. On

information and belief, Goode attended to the woman who fell and Grant arrested another

woman. Upon her arrest, Grant told the female suspect that she was charged with disorderly

conduct, however he ultimately cited her for being a public nuisance.

30. On information and belief, a court ultimately dismissed those charges against her.

31. On information and belief, at least one bystander repeatedly questioned Grant’s

identity as law enforcement and requested to see his credentials.

32. On information and belief, Grant was again asked about his credentials by another

bystander and flashed a badge that was not readily recognized by the bystander or another

observer as formal law enforcement identification issued by a specific public safety department.

Both the bystander and the observer were off-duty members of the Tucson Police Department.

33. On information and belief, Grant carried out the arrest of the female suspect. Grant

cuffed the suspect’s hands behind her back.

34. On information and belief, the suspect did not resist arrest but may have been

intoxicated.

35. On information and belief, the suspect had difficulty walking and maintaining her

balance with her arms constrained in this way.

36. On information and belief, Grant was holding the suspect’s hands at some distance

and height from her body, as he walked her to the area where her arrest would be processed.

37. According to the suspect, the manner in which held her cuffed wrists caused her pain

and she cried out.

38. On information and belief, the ground where Grant and the suspect were walking

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was muddy and slippery. On information and belief, the suspect fell into the mud. Grant, who

was holding her arms, fell on top of her.

39. On information and belief, the suspect’s husband then came into the area of the

campground where he was first able to observe the events.

40. On information and belief, the husband had heard his wife cry out in pain and saw a

plain-clothed man on top of his wife in the mud. On information and belief, the husband then

acted in defense of his wife, whom he perceived to be the victim of an assault.

41. The husband grabbed Grant and held him in a choke hold to protect his wife from the

perceived assailant.

42. On information and belief, Grant feared losing consciousness during this and, as he

began to black out, withdrew his revolver from his belt and pointed it at the husband.

43. On information and belief, a bystander who was an off-duty Tucson Police Officer

stepped forward to prevent the violence from escalating. This bystander reported that Grant

pointed his weapon at this bystander, as well.

44. This bystander believed that he heard Grant say that Grant would kill him if he did

not back off.

45. On information and belief, another individual present at the scene, who is now

retired from the Tucson Police Department, yelled to Grant to put his revolver away.

46. On information and belief, upon seeing the gun and hearing the death threat from

Grant, the husband removed himself from Grant and fled on foot. On information and belief,

the husband still had not been informed and did not have knowledge that Grant was a member

of law enforcement.

47. On information and belief, bystanders witnessed Grant pulling his weapon and

pointing it at the husband.

48. On information and belief, Goode observed the husband restraining Grant. On

information and belief, Goode approached to assist Grant. Goode also observed Grant’s

weapon drawn.

49. On information and belief, Goode did not identify himself as law enforcement to the

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husband when he approached Grant and the husband.

50. On information and belief, a third party, who may have been Goode or one of the

other bystanders, intervened with Grant to encourage him to put his revolver away and secure it.

51. Several residents of the campsite and bystanders to the arrest were armed off-duty

police officers. On information and belief, at least one witness to the events believed that the

risk of a shooting between Grant and one of these off-duty officers was high, because Grant was

not readily identifiable by sight as a law enforcement officer and because Grant had drawn his

revolver.

52. On information and belief, Goode pursued the husband as he fled, and apprehended

the husband. In apprehending the husband, Goode injured his leg.

53. On information and belief, a bystander approached and informed the husband that

Goode was a law enforcement officer. On information and belief, upon learning that Goode and

Grant were members of law enforcement, the husband ceased resisting arrest.

54. On information and belief, the husband did not know that Goode or Grant was a

member of law enforcement until after Goode apprehended him and a bystander stated that

Goode and Grant were law enforcement.

55. On information and belief, several bystanders witnessed the events. Some of the

bystanders repeatedly asked Grant and Goode if they were law enforcement officers during the

events.

56. On information and belief, after Grant and Goode entered the campsite, they

identified themselves as law enforcement officers only after repeated queries from bystanders.

57. On information and belief, several of the witnesses and the husband were unable to

recognize Grant or Goode as a member of law enforcement on sight.

58. The husband was arrested on charges that included aggravated assault. The arrest

record was created by Officer Palmer, not Goode or Grant.

59. On information and belief, Officer Palmer of the Pinal County Sheriff’s Office

conducted an investigation of the alleged aggravated assault, including interviewing at least two

individuals on the scene.

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60. On information and belief, Lt. King did not participate in or in any way interfere

with Officer Palmer’s investigation of the charges against the husband.

61. Officer Palmer reported that he interviewed Goode about the arrests.

62. Officer Palmer did not interview the female suspect or her husband at the scene.

63. Two different witnesses to the event, who were members of the Tucson Police

Department, elected not to complete witness statements in support of the arrest charges.

64. Officer Palmer reported that both of those witnesses agreed to be available for a tape

recorded interview with a detective or county attorney.

65. On information and belief, at least one the witnesses to the arrest, who was also a

member of law enforcement from Tucson, spoke to a supervisory officer of the Pinal County

Sheriff’s Office to request that the arrest be investigated.

66. On information and belief, these witnesses were concerned that Goode and Grant had

not followed appropriate protocol in identifying themselves as law enforcement before making

the arrests in the campsite.

67. One witness reported that he had concerns that Goode and Grant stormed into a

campsite without anything visible to identify them as police officers, then refused to show

identification when asked multiple times, and also failed to verbally identify themselves as

police officers.

68. On information and belief, one of the witnesses to the events, a member of the

Tucson Police Department, later filed a complaint against Grant because Grant had pointed his

weapon at him.

69. After the arrests took place, Lt. King began his shift as senior ranking officer for the

Pinal County Sheriff’s Office.

70. When Lt. King arrived at Country Thunder for his shift, he was promptly briefed by

the supervisory officer, Deputy Pass, that Detective Goode was injured on the previous shift.

71. Lt. King spoke with Detective Goode, who was in the Youth Alcohol Command

area, and encouraged Goode to seek medical treatment at a hospital for his injury.

72. Lt. King was later informed that there was a request from members of the public to

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speak with a lieutenant, member of the County Attorney’s Office, or higher ranked official

about the arrest of the husband by Grant and Goode.

73. Lt. King then undertook to address the concerns of the members of the public, and

investigated the circumstances of that arrest.

74. Lt. King, accompanied by and Sgt. Messing of the Pinal County Sheriff’s Office,

went to the campsite and observed the point where Goode and Grant first confronted the women

standing on the scaffolding. Lt. King and Sgt. Messing then followed witnesses at the campsite

through the route Grant and Goode took to exit the concert area and enter into the campsite.

75. Lt. King interviewed a number of witnesses in the campsite to the events.

76. From witnesses, Lt. King learned that the efforts to arrest of the woman suspect and

her husband created a dangerous situation in the campsite, because the plain-clothed Grant

pointed his weapon at a witness who was himself a law enforcement officer in Tucson.

77. After his investigation of the scene, Lt. King had serious concerns that the civil

rights of the suspect husband had been violated by Grant and Goode.

78. Lt. King shared his concerns with Sgt. Messing, who had participated in the

investigation of the events at the campsite and been present with Lt. King throughout the

investigation.

79. Lt. King also provided information to the witness at whom Grant pointed his weapon

in the event the witness elected to file a complaint against Grant.

80. Lt. King then spoke with Chief Steve Henry about the incident after he toured the

campsite and interviewed witnesses.

81. Lt. King also spoke by telephone with the Pinal County Attorney assigned to

prosecute the matter.

82. In concert with Chief Henry and the County Attorney, Lt. King recommended that

the arrest of the husband was not properly carried out by Grant and Goode. Specifically, Lt.

King believed the evidence demonstrated that the husband reasonably believed that he was

acting in defense of his wife during an assault and did not know or have reason to know that

Grant was a law enforcement officer.

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83. Lt. King believed that the husband should not be held in custody any longer than

necessary if the arrest was not proper. Indeed, Lt. King was concerned that because the arrest

was improper, then the husband’s civil rights could be further violated if Pinal County

continued to detain him on those grounds.

84. Lt. King sought the involvement and advice of the County Attorney regarding

appropriate next steps in processing the husband.

85. Pursuant to Arizona law, the husband could not be lawfully detained for more than

24 hours without making an appearance before a judicial officer.

86. On advice of the County Attorney, Lt. King instructed his subordinates to bring the

husband before the judge on duty for his initial appearance.

87. The judge ordered that the husband be released at the court proceeding. Lt. King

was not present for, and did not participate in any way, in the court proceeding.

88. Lt. King was at all times concerned with proper police procedure and the civil rights

of citizens. Lt. King determined that there was a risk to citizens’ safety and civil rights because

Goode and Grant contravened specific, clear instructions that, as plain-clothed officer, they

remain in the concert area and not enter campsites.

89. After the court ordered that the husband be released, Lt. King directed that an

employee of the Pinal County Sheriff’s Office return the husband, a resident of Tucson, to the

concert area where he was staying, some miles from the jail.

90. After the conclusion of Country Thunder, Pinal County Sheriff’s Office Detective

Hughey conducted a follow-up investigation of the arrests of the female for alleged public

nuisance and her husband for charges including aggravated assault. Detective Hughey

interviewed Grant, Goode, a witness of the arrest from the Tucson Police Department, as well as

the arrested husband and his wife.

91. Lt. King also filed a report documenting his recollections of his investigation of the

April 19, 20122 incidents on September 23, 2011.

92. In addition, Grant filed a complaint against the witnesses who refused to complete

their statements with the Tucson Police Department, where they worked. Grant charged, in

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essence, that those witnesses hindered prosecution of the arrested husband.

93. In response to Grant’s complaint, the Internal Affairs Office of the Tucson Police

Department carried out an investigation regarding the officer who was still in their employ.

94. The Internal Affairs Office of the Tucson Police Department determined that Grant’s

complaint was unfounded and the off-duty officer had not violated any of his responsibilities to

assist other law enforcement or that he hindered prosecution of the husband.

95. The Tucson Internal Affairs Office described the incident as “unfortunate” and

preventable if Goode and Grant had used sound planning and tactics prior to entering the

campsite to deal with the women on the scaffolding.

96. In support of its findings, the Tucson Internal Affairs Office interviewed a number of

the Tucson police who attended Country Thunder and were present at the campsite during the

arrests on April 9, 2011.

97. According to the Internal Affairs’ report of interviews of those witnesses, which

were also reviewed by Det. Hughey of the Pinal County Sheriff’s Office, Goode and Grant were

not visibly recognizable police officers.

98. Sometime in 2011, prosecuting attorneys exercised their authority and elected not to

prosecute charges against the husband.

99. On information and belief, the prosecutors were not prevented from reviewing any

records, interviewing any witnesses, or requesting that the Pinal County Sheriff’s Office

undertake further investigations — beyond that of Officer Palmer and Lt. King on April 9,

2011, and the subsequent investigation by Det. Hughey — of the incidents involving Goode,

Grant, and the arrests they made at the campsite on April 9, 2011.

100. On information and belief, prosecutors made no requests for further evidence or

inquiry regarding the charges against the husband.

101. On information and belief, the records of the husband’s arrest, a record of the

dismissal of his charges, the investigation report by Officer Palmer, and the subsequent reports

of investigations carried out by Pinal County and the Tucson Police Department were all

provided to The Phoenix New Times pursuant to a public records request made by Defendant

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Monica Alonzo prior to the defamatory publications on April 11 and 13, 2012.

102. On April 11 and 13, 2012, The New Times published false stories about Lt. King and

his role in the arrest and processing of the husband at Country Thunder in 2011.

103. On information and belief, prior to writing and publishing the April 11 and April 13,

2012 articles on Valley Fever Blog, Defendant Monica Alonzo did not speak or correspond with

the female suspect or her husband who were arrested by Goode or Grant on April 9, 2011

104. On information and belief, prior to writing and publishing the April 11 and April 13,

2012 articles on Valley Fever Blog, Defendant Monica Alonzo did not speak or correspond with

any of the witnesses to the arrests who were in the campsite

105. On information and belief, prior to writing and publishing the April 11 and April 13,

2012 articles on Valley Fever Blog, Defendant Monica Alonzo did not speak or correspond with

any of the members of the Pinal County Sheriff’s Office who investigated the events of April 9,

2011.

106. On information and belief, prior to writing and publishing the April 11 and April 13,

2012 articles on Valley Fever Blog, Defendant Monica Alonzo did not speak or correspond with

any of the members of the Tucson Police Department who were present at Country Thunder on

April 9, 2011.

107. On information and belief, prior to writing and publishing the April 11 and April 13,

2012 articles on Valley Fever Blog, Defendant Monica Alonzo did not speak or correspond with

any of the members of the Tucson Police Department who conducted the subsequent

investigation of the incidents at Country Thunder 2011 for the Internal Affairs Office.

108. Defendants did not seek to learn the truth of the incidents on April 9, 2011, and

failed to responsibly or sufficiently investigate the truth of the statements they published about

Lt. King in the April 11 and April 13 articles published on the Valley Fever Blog.

109. Defendants did not seek to accurately publish the reports of the arrests or subsequent

investigations of those events.

110. Defendants did not conduct any independent investigation to learn the truth of the

events that transpired at the campsite at Country Thunder on April 9, 2011.

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111. These omissions by Defendants were deliberate and malicious because Defendants

were indifferent to the truth or falsity of their statements.

112. Thus, Defendants lacked any substantial reason to believe in the truth of the

allegations about Lt. King’s conduct that are contained within the April 11 and April 13 articles

on the Valley Fever Blog.

113. The false, defamatory statements about Lt. King were therefore made and published

with actual malice, with the knowledge that each such statement was false and/or the statements

were made and published with reckless disregard of their truthfulness.

DEFAMATORY AND LIBELOUS STATEMENTS BY DEFENDANTS

114. Nothing in any of the documents provided to Defendant Alonzo in response to her

public records request indicates any wrongful conduct by Lt. King with respect to the arrest,

processing or treatment of the husband.

115. Nevertheless, Defendant Alonzo wrote, on information and belief, Defendants Barrs

and Tsetsi reviewed and approved, and The Phoenix New Times published two articles on its

Valley Fever Blog claiming that Lt. King acted improperly by trying to cover up the husband’s

arrest and seeking to destroy records of that arrest.

116. The Phoenix New Times has falsely misconstrued the events of April 9, 2011, and

falsely stated and implied that Plaintiff took actions to destroy documents and conceal or “cover

up” the April 9, 2011 arrest.

117. These false statements are sufficient to cause a reasonable reader – of which there

may have been over 1 million – to believe that Lt. King acted illegally, unethically, dishonestly,

and in a manner that was a violation of his official duties.

118. On April 11, 2012, The New Times published on its Valley Fever Blog an article by

Monica Alonzo with the following headline containing a false statement: “’Camp Titties and

Beer,’ a Country Thunder Campground Occupied by Tucson Police Officers is Where a DPS

Office [sic] Was Attacked. Paul Babeu’s Office Wanted this Covered Up”.

119. In the body of the article, it is clear that Blake King is the member of “Paul Babeu’s

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Office” whom the blog falsely reports “wanted this covered up.”

120. The April 11, 2012 article makes the following additional defamatory false

statements:

“[A] member of Pinal County Sheriff Paul Babeu’s command staff asked that an

arrest record be scrubbed from a DPS database.”

“[I]t's an odd request for King to make because a record of an arrest is just that

-- a record. And state law prohibits tampering with public records, doing so

being a felony offense.”

121. This blog was prominently featured as a lead story on The Phoenix New Times’

website and remains available on the website to this day.

122. Defendants knew that the statements about King described above in Paragraphs

118 and 120 were false and/or recklessly disregarded the falsity of these statements when

they published them. Defendants published these statements with actual malice and with

the intent to cause harm to Lt. King.

123. On April 13, 2012, The New Times again published the false statements about Lt.

King in a second article on the Valley Fever Blog:

“King apparently wanted to cover up the arrest of Ronald Keys”

“King, who asked a deputy Pinal County attorney to get rid of Keys’ arrest record

from a DPS database”

“…King’s extraordinary efforts to apparently cover up the arrest of a suspect

accused of attacking fellow cops.”

“And what about King's judgment -- serving as a ranking law enforcement official

and asking a county attorney to erase an arrest record?”

124. Again, this article was a lead story on The Phoenix New Times website and remains

available to this day.

125. Defendants knew that the statements about King described above in Paragraph

123 were false and/or recklessly disregarded the falsity of these statements when they

published them. Defendants published these statements with actual malice and with the

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intent to cause harm to Lt. King.

126. The New Times’ Valley Fever Blogs authored by Defendant Monica Alonzo on April

11 and April 13, 2012 are libelous on their face. They clearly expose Plaintiff to hatred,

contempt, ridicule, disgrace, infamy, and shame because they falsely charge Lt. King with

illegal conduct with respect to public records and the treatment of an arrested suspect.

127. The articles explicitly and unambiguously refer to King. Indeed, the April 13 article

also contains a photograph of Lt. King in his law enforcement uniform.

128. The articles refer to King by name throughout, were made about and concerning

King, and were so understood by those who read the articles to convey information about Lt.

King.

129. Lt. King learned of the April 13, 2012 blog on the day it was published.

130. Through his attorney, he later learned of the April 11 blog.

131. Defendants published or caused to be published the statements contained in

Paragraphs 118, 120 and 123 above knowing that they were false at the time they were

published, with reckless disregard to the falsity of the statements, and/or with malicious intent.

132. On May 2, 2012, fewer than 20 days after learning of the false, malicious and

defamatory statements in The New Times, Lt. King’s attorney wrote to counsel for the New

Times and explained that Defendants had been reckless as to the truth of statements made about

King in the April 11 and April 13 blogs and that such statements defamed King.

133. On Lt. King’s behalf, his attorney requested a full correction of all factual errors, and

that the correction be published with equal prominence to the original false and defamatory

publications.

134. The New Times issued a correction to the following false statement contained

in the original version of the April 13 article: “King apparently is ‘friends’ with some of the

Tucson cops who were at ‘Camp Titties and Beer,’ a Country Thunder campground occupied by

off-duty Tucson cops and the site of the attack on the DPS officer.”

135. The correction stated:

CORRECTION: The original version of this item reported that Pinal County Sheriff's

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Lieutenant Blake King "apparently is 'friends' with some of the Tucson cops who were at

Camp Titties and Beer.'" King's attorney has informed New Times that King was not

"friends" with any of these individuals. New Times regrets the error and has edited this

item to remove it.

136. The New Times refused to correct any of the other damaging, maligning and

defamatory false statements that Lt. King attempted, “requested” or sought to “scrub”, “cover

up,” or “get rid of” an arrest record.

137. More than twenty-one (21) days have passed since the demand for a

correction.

138. Plaintiff's ability to pursue his profession as a public servant in law

enforcement depends entirely on his reputation for integrity, competence, credibility, honesty,

fairness, and compliance with laws.

BELIEF OF DEFAMATORY FALSE STATEMENTS BY REASONABLE READER

139. The Valley Fever Blog of The Phoenix New Times is publicly available on the

Internet and has been viewed by and communicated to an unknown number of third persons,

including individuals in the State of Arizona and throughout the United States and the world.

140. A reasonable reader would wrongly believe, based on the April 11 and April

13 articles, that Lt. Blake attempted to violate the law by seeking to have the records of an arrest

destroyed, and that Lt. King undertook to conceal or “cover up” the arrest.

141. Among the comments posted to the April 11 article on The New Times

website (the entirety of the article and comments are available at

http://blogs.phoenixnewtimes.com/valleyfever/2012/04/camp_titties_and_beer_a_countr.php#C

omments) is: “Great article with insights, Ms. Alonzo!”

142. In addition, among the comments posted to the April 13 blog on The New

Times website (the entirety of the article and comments are available at

http://blogs.phoenixnewtimes.com/valleyfever/2012/04/pinal_county_sheriffs_lieutena.php#Co

mments) are the following:

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“thanks for having the guts to speak the truth.” (liked by 6 people as of May 23,

2012)

“…support corrupt and disgraceful police officers who abuse their power.” (liked by

11 people as of May 23, 2012)

“What do you mean the New Times printed the "alleged shortcomings" of lieutenant

King? They never once mentioned his [ ] size. … What a wonderful and happy place

Pinal County must be if you are a sleazy and corrupt police officer.” (liked by one

person as of May 23, 2012)

“For the non-crooked, humble cops out there, this is why the public hates pigs. You're

outnumbered by the arrogant.” (liked by 10 people as of May 23, 2012)

“above the law and we the humble peons.” (liked by 4 people as of May 23, 2012)

“Thank you New Times for standing Time, and Time again against the Extensive

Political Corruption in my Home State of Arizona….” (liked by 10 people as of May

23, 2012)

“I hope the FBI training facility in Quantico, Virginia sees these two imbeciles for

who they are: dirty, corrupt cops who will do anything to cover the Bald Bunion's ass,

especially when he exercises poor judgment all his own. …” (liked by 9 people as of

May 23, 2012)

143. These comments demonstrate that the articles were read and believed by a number of

readers.

144. The comments further indicate that these readers believed that the articles presented

accurate statements about Lt. King’s conduct, character, and integrity.

145. As such, the defamatory articles have harmed King's personal and professional

reputations. They have brought him infamy, shame, mortification, humiliation, and public

disgrace.

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COUNT ONE

(Libel and defamation by Defendants in April 11, 2012 Blog)

146. Each of the above allegations (Paragraphs 1-145) is fully incorporated herein by

reference.

147. The Defendants, deliberately, and with actual malice or reckless disregard for the

falsity of the statements, intentionally published the libelous, false, defamatory, and malicious

statements about Lt. King in the April 11, 2012 Valley Fever Blog. These statements are

contained in Paragraphs 118 and 120 above.

148. Those statements in Paragraphs 118 and 120 falsely accuse and depict Lt. King,

among other things, as a law enforcement officer who acted in a heinous and criminal manner,

who intentionally impeded a criminal prosecution, and advocated or solicited the destruction of

public records of an arrest in violation of the law.

149. Those statements in Paragraphs 118 and 120 above, written by Defendant Alonzo

and published by the co-Defendants, are libelous on their face.

150. Those statements in Paragraphs 118 and 120 above, written by Defendant Alonzo

and published by the co-Defendants, are defamatory because the language carries a meaning

that Plaintiff’s conduct was criminal and harmful to others.

151. The statements in Paragraphs 118 and 120 about King were falsely, maliciously, and

intentionally published by the Defendants and were known by Defendants to be false at the time

they were made or were made with reckless disregard to the falsity of the statements.

152. As a result of those defamatory statements, Lt. King is exposed to hatred, contempt,

ridicule, and obloquy.

153. As a result of the defamatory statements, Lt. King suffers damage to his reputation,

professional standing, and professional opportunities as a law enforcement officer.

154. Defendants acted in further malice and with recklessness to the truth by refusing to

correct their misrepresentations about Lt. King when they were informed of the falsity of the

statements in Paragraphs 118 and 120 and the damages such statements caused Lt. King.

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155. The statements in Paragraphs 118 and 120, written by Defendant Alonzo and

published by the co-defendants, were read by members of the public and understood by those

readers to mean that Lt. King had in the past attempted to commit crimes with respect to his

official duties as a member of the Pinal County Sheriff’s Office.

156. Lt. King was damaged and continues to suffer damages as a result of the statements

by Defendants in Paragraphs 118 and 120.

COUNT TWO

(Libel and defamation by Defendants in April 13, 2012 Blog)

157. Each of the above allegations (Paragraphs 1-156) is fully incorporated herein by

reference.

158. The Defendants, deliberately, and with actual malice or reckless disregard for the

falsity of the statements, intentionally published the libelous, false, defamatory, and malicious

statements about Lt. King in the April 13, 2012 Valley Fever Blog. These statements are

contained in Paragraph 123 above.

159. These statements contained in Paragraph 123 above falsely accuse and depict Lt.

King, among other things, as a law enforcement officer who acted in a heinous and criminal

manner, who intentionally impeded a criminal prosecution, and advocated or solicited the

destruction of public records of an arrest in violation of the law.

160. Those statements in Paragraph 123 above, written by Defendant Alonzo and

published by the co-Defendants, are libelous on their face.

161. Those statements in Paragraph 123 above, written by Defendant Alonzo and

published by the co-Defendants, are defamatory because the language carries a meaning that

Plaintiff’s conduct was criminal and harmful to others.

162. The statements in Paragraph 123 regarding King were falsely, maliciously, and

intentionally published by the Defendants and were known by Defendants to be false at the time

they were made or were made with reckless disregard to the falsity of the statements.

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163. As a result of those defamatory statements, Lt. King is exposed to hatred, contempt,

ridicule, and obloquy.

164. As a result of the defamatory statements, Lt. King suffers damage to his reputation,

professional standing, and professional opportunities as a law enforcement officer.

165. Defendants acted in further malice and with recklessness to the truth by refusing to

correct their misrepresentations about Lt. King when they were informed of the falsity of the

statements in Paragraph 111 and the damages such statements caused Lt. King.

166. The statements in Paragraph 123, written by Defendant Alonzo and published by the

co-defendants, were read by members of the public and understood by those readers to mean

that Lt. King had in the past attempted to commit crimes with respect to his official duties as a

member of the Pinal County Sheriff’s Office.

167. Lt. King was damaged and continues to suffer damages as a result of the statements

by Defendants in Paragraphs 118 and 120.

WHEREFORE, Plaintiff Blake King demands a jury trial and requests of this Court:

A. To grant judgment against Defendants in amounts to be determined at trial, but not

less than $40,000 for Count I and $40,000 for Count II (a minimum total of $80,000) in general

and special damages;

B. To grant judgment against Defendants for exemplary, or punitive, damages in an

amount as will sufficiently punish Defendants for their conduct and prevent a repetition of such

conduct in the future;

C. To grant Plaintiff an award of pre-judgment and post-judgment interest, costs and

disbursements of this action

D. To grant Plaintiff’s reasonable attorneys' fees; and

E. To grant Plaintiff such additional and further relief as this Court finds just and proper.

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JURY DEMAND

Plaintiff King hereby demands trial by jury on all issues so triable herein.

RESPECTFULLY SUMBITTED THIS 25th

DAY OF MAY 2012

PATRICIA E. RONAN

_____________________________________

By: Patricia E. Ronan, No. 029009

Attorney for Plaintiff Blake King