Judge sides with Wausau Pilot in defamation lawsuit

Wausau Pilot & Review

A Marathon County Circuit Judge on Friday dismissed a defamation claim filed in 2021 against Wausau Pilot & Review by Cory Tomczyk, who was elected to the Wisconsin State Senate after the lawsuit was filed.

The lawsuit centered on a story published during the highly charged “A Community for All” discussions in August 2021. Tomczyk, of Mosinee, and his business, IROW, brought the defamation claim against the newspaper, journalist Damakant Jayshi and editor Shereen Siewert for publishing a story reporting that he was overheard uttering a homophopic slur at an Aug. 12, 2021 meeting of the Marathon County Board’s Executive Committee. 

The newspaper identified Tomczyk by name in an Aug. 28, 2021 story.  It vigorously defended the lawsuit in Marathon County Circuit Court.

The Wausau Pilot was represented by the law firm Godfrey & Kahn. In his decision on the newspaper’s motion for summary judgment, Judge Scott Corbett ruled Tomczyk was considered a public figure at the time of the alleged defamation and that Tomczyk could not show that the defamatory statement that he alleged in the case was made by the newspaper with actual malice.

In an “actual malice” case, a plaintiff must prove that the defendant either knew that the statement was false at the time, or else demonstrated “reckless disregard” as to its falsity.

Siewert, who is the founder and publisher of Wausau Pilot & Review, said she appreciates the judge’s decision.

“We are grateful that the court ruled in our favor and we can all move on,” Siewert said.