Muzikowski v. Paramount Pictures Corp.
United States Court of Appeals for the Seventh Circuit
322 F.3d 918 (7th Cir. 2003)
A Paramount (defendant) movie based on a book referencing real Little League coach Robert Muzikowski (plaintiff) by name featured a fictional character, Conor O'Neill, loosely based on him but with numerous derogatory traits Muzikowski lacked — a gambling and drinking addiction, arrests, bar fights, and a motive of coaching only to pay off gambling debts (versus Muzikowski's stated "genuine concern for children"). Muzikowski's name never appeared in the film, but friends and family recognized him before release; after failing to enjoin distribution, Muzikowski sued for defamation per se and per quod, and the district court granted Paramount summary judgment on both, prompting Muzikowski's appeal.
Whether defamation per se exists when a statement is so harmful to a person's reputation that damages are presumed.