Hughes A. and Marilyn B. Bagley - Page 5

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            interfered with petitioner's future employment within the meat-packing                      
            industry; (4) IBP libeled petitioner by publishing and circulating the                      
            Peterson letter; and (5) IBP invaded petitioner's privacy.  In the complaint,               
            petitioner asked for $1.5 million in compensatory damages and $10 million in                
            punitive damages.                                                                           
                  The jurisdiction of the District Court in the IBP suit and the Bagley                 
            suit was based on diversity of citizenship.  Some of the claims made by                     
            petitioner in his suit against IBP alleged physical injuries which he                       
            sustained as a result of IBP's conduct.  Petitioner had suffered a heart                    
            attack after IBP took his deposition for 1 straight week.  This was the third               
            deposition of petitioner that IBP had taken.  The IBP suit and the Bagley suit              
            were consolidated for trial.  Prior to trial, IBP voluntarily dismissed its                 
            claim for compensatory and punitive damages.  Petitioner's abuse of process                 
            claim was dismissed prior to trial on the ground that the statute of                        
            limitations on that claim had expired.  The remaining claims were tried before              
            a jury between December 13 and December 29, 1982.                                           
                  The District Court's instructions to the jury respecting libel, in part,              
            stated that--                                                                               
                        The words complained of by the plaintiff in the Peterson                        
                  letter, specifically, that "he stole 7 boxes of IBP documents" and                    
                  that "Bagley's version of IBP's quantity discount program is                          
                  absolutely false, and ...constitutes perjury," are libelous per se                    
                  in that the words themselves tend to disgrace and degrade him.                        
                  Such words create a legal presumption of their falsity thus                           
                  shifting to the defendant the burden of proving the truth of the                      
                  statements by a preponderance of the evidence. * * *                                  

            With respect to punitive damages for libel, the District Court instructed the               
            jury that--                                                                                 
                        If you find that plaintiff has established the essential                        
                  elements of his libel claim and if you find, on the basis of clear                    
                  and convincing evidence that the defendant acted with actual                          
                  malice in publishing the writing in question, then you may award                      
                  the plaintiff punitive damages in addition to the actual damages                      
                  assessed.  Punitive damages are designed to punish the offender                       
                  and serve as an example to others.  Whether or not to award such                      





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