Keven Forth v. Kroger Company


Per Curiam OPINION filed : AFFIRMED, decision not for publication pursuant to local rule 206. Danny J. Boggs, Circuit Judge; Alan E. Norris, Circuit Judge and Raymond M. Kethledge, Circuit Judge.

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Case: 10-2465 Document: 006111334540 Filed: 06/12/2012 Page: 1 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 12a0609n.06 FILED No. 10-2465 Jun 12, 2012 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT LEONARD GREEN, Clerk KEVEN A. FORTH, Plaintiff-Appellant, v. THE KROGER COMPANY, Defendant-Appellee. ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN OPINION BEFORE: BOGGS, NORRIS, and KETHLEDGE, Circuit Judges. PER CURIAM. Plaintiff Keven Forth was terminated from his job as grocery manager at a Kroger store in Lake Orion, Michigan. He was fired for theft at the conclusion of a brief investigation into his purchase of marked-down meat and electronics from the store at which he worked. The propriety of Forth’s termination is not at issue here. Instead, Forth claims that Kroger defamed him by disseminating the basis of his termination to his former coworkers and the general public. The district court granted the defendant’s motion for summary judgment, holding that plaintiff failed to specifically plead facts regarding Kroger’s publication of a defamatory statement, as required by Michigan law. On appeal, Forth claims that he presented sufficient specific evidence to support his claims for defamation and “compelled self-defamation.” We have reviewed the record on appeal and have carefully considered the arguments made by the parties in their briefs. Having done so, we conclude that the district court properly granted Case: 10-2465 Document: 006111334540 Filed: 06/12/2012 Page: 2 No. 10-2465 judgment to defendant and affirm based upon the reasoning set forth in its Order filed on October 5, 2010. The judgment of the district court is affirmed. -2-

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