Carolyn Kenney v. Scripps Howard Broadcasting Company, d/b/a KSHB-TV41

Appellant appeals the district court’s2 grant of Defendant’s motion for
summary judgment on her claim of defamation. We affirm the district court’s
decision based solely on the Missouri fair report privilege.

I.

Appellant is the grandmother of minor Lauren Kenney and the mother of Chris
Kenney, Lauren’s father. Chris Kenney and Lauren’s mother, Angela Miles, had never
been married and had never sought a custody order regarding Lauren. In an effort to
keep his daughter Lauren in Missouri over Labor Day weekend, until a custody hearing
would be held on the following Tuesday, Chris Kenney and Appellant took Lauren to
a Missouri resort area. Meanwhile, Lauren’s mother, Angela Miles, planned to take
Lauren to Georgia for an indefinite period of time. When Appellant and Chris Kenney
did not return Lauren during the weekend, Angela Miles reported the child missing or
kidnaped. The Kansas City Police Department issued a pick-up order for area law
enforcement units and a missing person report, which indicated that the child was
thought to be kidnaped by a parent or relative and was last seen with Appellant.
Officers in the Kansas City Police Department also completed an Investigative Report,
which stated that Chris Kenney told Miles that he had Lauren and would return her at
the custody hearing, but would not disclose their location.

Ms. Miles brought the situation to the attention of a Scripps-Howard affiliate,
KSHB-TV41 in Kansas City. After reviewing copies of the police records provided
by Miles, the station broadcast this report: “Police are on the lookout for a 16 monthold
girl who may have been abducted by a parent or relative. Sixteen-month-old
Lauren Kenney is pictured here with her mother. The child was last seen Friday afternoon when she left her house with her paternal grandmother Carolyn Kenney.
Family members believe the girl’s father and grandmother are now with her at an
unknown location.” Defendant also broadcast a photo of Appellant during this
narrative.

Appellant sued Scripps-Howard Broadcasting Company and KSHB-TV41 for
defamation. The district court granted Defendant’s motion for summary judgment and
held that the broadcast was substantially true and not defamatory, and that the
broadcast was also protected by the Missouri fair report privilege.

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Court's opinion.

Affirmed

Unknown

Unknown

Reported by Kent Morlan