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Alec Baldwin has requested the dismissal of a defamation lawsuit brought against him by the family of a deceased US Marine, Fox News Digital can confirm.
Baldwin’s attorneys filed the motion April 4 in U.S. District Court in Wyoming. The actor was sued by Roice McCollum, the sister of US Marine Lance Cpl. Rylee J. McCollum, for allegedly mischaracterizing her as a participant in the January 6 Capitol Riot.
The lawsuit seeks $25 million and alleges defamation, invasion of privacy, negligence and intentional infliction of emotional distress.
However, the ’30 Rock’ actor wants the lawsuit thrown out. The court does not have “personal jurisdiction” over the actor because he resides in New York and not Wyoming, Baldwin’s attorneys argued in new court documents obtained by Fox News Digital.
ALEC BALDWIN IS SUING FOR $25 MILLION FROM THE FALLEN US MARINE FAMILY
The attorneys further argued that the plaintiffs did not bring claims of defamation, did not bring claims of invasion of privacy by false lighting, and did not bring claims of intentional infliction of distress. emotional.
“Baldwin expressed his opinion on a matter of public interest,” Baldwin’s attorneys explained in the filing. “Several others expressed the same opinion as Baldwin about January 6. Some expressed the opposite opinion. “
“Reposting a photo that Roice herself publicly posted and then expressing a political opinion about it cannot form the basis of a claim of intentional infliction,” the lawyers added.
The defamation lawsuit stemmed from Baldwin’s actions on social media. The actor donated $5,000 to Marine Lance Cpl. The widow of Rylee J. McCollum after hearing the story of the fallen Marine. The sailor was killed August 26 in Kabul in a suicide bombing as he dealt with refugees amid the controversial US withdrawal from the country.
However, it appears Baldwin changed her mind after seeing a self-posted photo of Roice during the Jan. 6 Capitol Riot.
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The image showed her at the Washington Monument on Uprising Day in 2021. According to the lawsuit, Roice was indeed among the protesters who showed up for the march. However, court documents reveal that while she was protesting the certification of the vote of Joe Biden that day, she did not take part in the riots or any illegal activity.
“During the riots, she was stuck outside the Capitol building next to several police officers for hours after the riots started due to the fact that there were so many people around her and the area had been locked,” the original lawsuit said. “Later, a neighbor unhappy that Roice was attending the protest reported her to the authorities.”
Roice was questioned by the FBI and cleared of any wrongdoing. Although they were never charged with any crime, the documents show direct messages between Roice and Baldwin in which he calls her a “rioter”.
Baldwin later reposted the photo and called Roice an “insurgent” to his 2.4 million Instagram followers in a since-deleted post. Roice, his sister Cheyenne, and Rylee’s wife, Jiennah, sue Baldwin for his direct message and decision to share his belief that Roice participated in the riots.
Roice and his family say they were inundated with hateful comments shortly after the post was posted. Court documents offer examples of some of these comments, some of the most disturbing from someone who said, “Get raped and die, c— [kiss emoji]. Your brother got what he deserved.”
The defamation lawsuit also included the direct messages sent between Baldwin and Roice on Instagram.
“When I sent the dollars for your late brother, out of respect for his service to this country, I had no idea you were a January 6 rioter,” Baldwin wrote.
Roice replied, “Protesting is perfectly legal in the country and I have already met with the FBI. Thank you, have a nice day!”
“I don’t think so. Your activities resulted in the unlawful destruction of government property, the death of a law enforcement officer, an attack on presidential election certification,” Baldwin replied. “I reposted your photo. Good luck.”
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Representatives for Baldwin or Roice did not immediately respond to Fox News Digital’s request for comment.
Roice’s attorneys previously called Baldwin’s conduct on social media “negligent and reckless.”
“Baldwin’s conduct was negligent and reckless because he should have known that making the allegations he made against the plaintiffs to his millions of followers would cause harm to the plaintiffs,” the original court documents state.
“Baldwin’s comments were untrue, outrageous, defamatory, irresponsible, vindictive and caused – and continue to cause – plaintiffs grave emotional distress. Instead of being able to focus on grieving the death of LCPL McCollum and elevating her newborn daughter, the plaintiffs and their families now fear for their lives.”
Fox News’ Melissa Roberto contributed to this report.