From Judge Robert Payne's opinion Friday in Sroufe v. [Scripps] Media Inc. (E.D. Va.) (the allegedly defamatory story is here):
William D. Sroufe, the holder of a doctoral degree in education and formerly the Superintendent of the Colonial Heights Public Schools ("CHPS") filed this action alleging a claim of defamation against "Scripps t/a WTVR and/or CBS6." … [He alleges that], on February 17, 2023, WTVR aired a news story about Sroufe's exit as the Superintendent of CHPS[, which] … was materially false because it reported that Sroufe was "ousted" when, in fact, he was not and because: (1) it falsely implied that Sroufe had covered up complaints about improper conduct on the part of the softball coach at Colonial Heights High School which allowed the coach to escape criminal prosecution; and (2) the story falsely suggested that Sroufe was fired for covering up those complaints.
It is also alleged that WTVR, through its reporter, Melissa Hipolit, knew that the allegedly false statements were false and knew in fact that Sroufe had not been "ousted" but had voluntarily resigned from his position. Moreover, … Hipolit [allegedly] knew that: (1) the sole source of the false narrative which Hipolit had so enthusiastically propagated, in fact, had told Hipolit a material falsehood about the story; and (2) the School Board's attorney actually had not only denied any cover up, but also had provided Hipolit with evidence that negated the claims asserted by Hipolit's impeached source.
The judge allowed the case to go forward, reasoning, among other things, that the "ouster" assertion was one of fact, not opinion, and was potentially defamatory:
