From Anderson v. Senthilnathan (Colo. Ct. App.), decided Sept. 28, in an opinion by Judge Katharine Lum, joined by Judges Jerry Jones and Steve Bernard:
At various times in 2021, while Anderson served as an elected Director on the Board of Education for Denver Public Schools (DPS), [Defendants] BLM [Black Lives Matter 5280, a chapter of the national Black Lives Matter] and [BLM co-founder] Brown, Brooks-Fleming, and Senthilnathan published separate statements alleging that Anderson had sexually assaulted one or more people. Each of the defendants was familiar with Anderson through participation in community politics.
An investigation [by ILG Legal Services] commissioned by DPS was unable to substantiate the allegations of sexual assault raised by Brooks-Fleming and by a third party who had allegedly reported her assault to BLM. The results of the investigation were released before Senthilnathan made her statements.
Anderson sued for defamation and related claims, and the court held that Anderson had sufficiently alleged falsehood and actual malice as to defendants Brooks-Fleming and Senthilnathan that the case could go forward:
