Attorney Gilbert vs. Attorney Pattakos defamation lawsuit dismissed
A Stark County judge has dismissed a defamation lawsuit filed by an attorney against another attorney over statements made related to the unconventional discipline of a former McKinley High School football player that involved eating a pepperoni pizza.
Stark County Common Pleas Judge Natalie R. Haupt on Wednesday dismissed Akron attorney Edward Gilbert’s defamation lawsuit against Fairlawn attorney Peter Pattakos and the Pattakos Law Firm.
In her 20-page ruling, Haupt determined the statements Pattakos and his law firm made to media outlets, on social media or on the law firm’s website either were opinions, which cannot be the source of a defamation claim; were made more than a year before Gilbert filed his lawsuit on June 14, which puts them beyond the statute of limitations; or are allowed because Pattakos and his firm are covered by the immunity that is granted to lawyers and other litigation participants for statements they make related to judicial proceedings.
Gilbert, who represents the former McKinley football player and his family, had taken issue with eight written or spoken statements that were made between June 2021 and July 29 by Pattakos and his law firm, which represent former McKinley head football coach Marcus Wattley and five of Wattley’s former assistant coaches.
More on the McKinley pizza incidentEx-Canton McKinley football player talks about day his coaches ordered him to eat a pizza
Gilbert, an attorney for more than 40 years, had said the statements, which accused him of fabricating aspects of the football player’s story to benefit himself and his career, were so “inherently malicious and defamatory” that they tarnished his professional reputation and subjected him to public hatred, ridicule and contempt.
A message seeking comment was left with Gilbert on Thursday.
Pattakos, an attorney since 2007, wrote in an emailed statement Thursday that he’s grateful the lawsuit has been dismissed. He noted that the defamation lawsuit he filed on behalf of the McKinley coaches against Gilbert, the former player, the player’s father and former assistant coach Josh Grimsley continues to move forward with a trial set for Jan. 23 in Stark County Common Pleas Court.
"There, of course, is a big difference between a lawyer who tells ridiculous career-destroying lies to support concocted and extortionate legal claims about ‘pork residue’ on a pizza violating an alleged Hebrew Israelite football player's alleged religious beliefs on one hand, and, on the other hand, a lawyer who expresses truthful constitutionally protected opinions in doing his job to defend his clients against such false and destructive accusations that had already been published all over the national and international press, which is why our lawsuit on behalf of Marcus Wattley and his fellow former McKinley coaches is still pending, and Gilbert's silly lawsuit against me has been dismissed,” Pattakos said. “We are grateful that Judge Haupt followed the law and upheld this basic principle."
A third related lawsuit also remains ongoing. Gilbert, on behalf of the former player and the player’s parents, has filed a federal civil rights lawsuit against the Canton City School District and school officials. A federal judge dismissed the seven former coaches from the lawsuit in September.
The lawsuits revolve around the actions that occurred on May 24, 2021, when Wattley and former assistant coaches Frank McLeod, Zachary Sweat, Romero Harris, Cade Brodie and Tyler Thatcher sat the then-17-year-old player in a chair in the middle of an auxiliary gym and instructed his teammates to circle the gym doing weighted exercises while the player ate an entire pepperoni pizza.
The player and his family have accused the coaches of pressuring the player to eat a pepperoni pizza against his Hebrew Israelite beliefs, which forbids the consumption of pork or pork residue. They say it was punishment for missing a voluntary strengthening and conditioning practice.
The coaches have denied that they forced the player to eat anything and have denied knowing about his religious beliefs or that he didn't eat pork. They have said they were trying to rescue a troubled player whose off-the-field behavior was negatively influencing his teammates and was jeopardizing his future as a Division I college athlete.
Reach Kelli at 330-580-8339 or kelli.weir@cantonrep.com.
On Twitter: @kweirREP
This article originally appeared on The Repository: Defamation lawsuit over McKinley pizza discipline statements dismissed
