SHARRATT v. MURTHA

Filing 38

MEMORANDUM OPINION AND ORDER OF COURT granting 14 Motion to Dismiss and it is Ordered that Counts I, II, III, IV, V, and VI are DISMISSED, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 3/26/2010. (dlg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF PENNSYLVANIA

JUSTIN SHARRATT, Plaintiff, v. JOHN MURTHA and, the UNITED STATES OF AMERICA, Defendants.
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CIVIL NO. 3:2008-229 JUDGE GIBSON

MEMORANDUM OPINION AND ORDER OF COURT

GIBSON,J.
This matter comes before the Court on Defendants' Motion to Dismiss (Document No. 14). Plaintiff filed a Brief in Opposition to the Defendants' Motion to Dismiss (Document No. 25). The Court now resolves the Motion to Dismiss.

Background
Defendant, the late Congressman John Murtha ("Murtha") represented the 12th Congressional District of Pennsylvania from February 5, 1974 until he passed away on February 8,2010. In 2006, Murtha became a leading vocal critic of President Bush's prosecution of the War in Iraq. While most of his censures were directed at the President, and other government officials, starting in May of 2006, Murtha aimed his criticisms at a squad of Marines involved in an incident at Haditha, Iraq, in which Iraqi civilians were killed. Plaintiff Justin Sharratt, a Lance Corporal in the United States Marine Corps was identified as one of eight Marines in that squad. In interviews with the media, Murtha made allegedly defamatory statements about Sharratt's squad, claiming that these Marines "killed innocent civilians in cold blood." These allegedly 1

defamatory statements were later found to be inaccurate with regard to Justin Sharratt by the investigating officer, Marine Lt. Col. Paul Ware, a military judge, who recommended that criminal charges be dropped against Lance Cpl. Justin Sharrat, the Plaintiff in this case.' The charges were dismissed and Plaintiff was exonerated. 2 Had someone else made these statements about Sharratt, a slander suit most likely could proceed. However, because of Murtha's unique station in the Congress, the tortiousness of these comments cannot resolve this case. Rather, this case presents the question whether statements Murtha made are shielded by qualified immunity, and whether this court possesses subject matter jurisdiction to entertain these claims. Sharratt's complaint proffered six counts against Murtha. Counts I, II, and III allege violations of due process, equal protection, and the Sixth Amendment's presumption of innocence. These counts misstate the relevant constitutional standards. They must be dismissed under the doctrine of qualified immunity, and are barred by the statute of limitations. Counts IV, V, and VI allege slander per se, invasion of privacy, and false light. Under the

Westfall Act, 28 U.S.C. § 2679, this Court substituted the United States as the party ofinterest
for these Counts. Because Sharratt has not fulfilled the administrative requirements of the

1 Following an Article 32 hearing conducted pursuant to the Unifonn Code of Military Justice the investigating officer found that the government's allegations that the Marine executed a group of men were "unsupported and incredible." Lt. Col. Ware found the government's allegations lacking in proof and wrote in the report: "To believe the government version offacts is to disregard clear and convincing evidence to the contrary and sets a dangerous precedent that ... may encourage others to bear false witness against Marines as a tactic to erode public support of the Marine Corps and mission in Iraq." See Josh White, Investigators Urges Clearing of Marine in Killings at Haditha Home, Washington Post (7112/2007), available at http://www.washingtonpost.com!wp dynlcontentlarticle/2007107/111AR20070711 00884.html. 2 Subsequently, all charges against the Plaintiff were dropped. Lt. Gen. James N. Mattis not only cleared Sharratt of legal charges, but also called him "innocent." In a letter to Sharratt, Mattis wrote "with the dismissal ofthese charges, you may fairly conclude that you did your best to live up to the standards, followed by U.S. fighting men throughout our many wars, in the face of life or death decisions made by you in a matter of seconds in combat." See Josh White, Charges Dropped Against 2 Marines in Haditha Killings, Washi