Rep. Tim Burchett asks judge to dismiss lawsuit by man he falsely tied to Kansas City shooting
U.S. Rep. Tim Burchett has asked a judge to dismiss a federal lawsuit filed by a Kansas City-area resident who says a false tweet from the congressman caused him distress.
Burchett's attorneys say the lawsuit was filed in the wrong court and that the congressman can't be held responsible for reposting a photo that was shared widely across social media.
"Unfortunately for plaintiff, onlookers and media outlets began taking pictures and video recordings of plaintiff, which images immediately went viral showing up on social media platforms ..." Burchett's filing says.
His filing goes on to falsely claim that major news outlets linked the man in the photo to the shooting.
After a fatal shooting at a Kansas City Chiefs Super Bowl celebration Feb. 14, Burchett tweeted a photo of Denton Loudermill, falsely saying he was one of the shooters and was an illegal resident. Neither is true.
Loudermill said in his lawsuit that Burchett's false accusations about him being the shooter and an "illegal alien" caused him mental distress and emotional suffering. Loudermill was arrested because he was suspected of being drunk in public. He was never a suspect in the shooting.
Burchett's allegations, the lawsuit says, "were false and were circulated widely among defendant’s followers and defendant’s false assertions about plaintiff were reposted and widely circulated to more than one million people around the world who had interactions or engagements with defendant’s false assertions about plaintiff."
Why does Burchett want the lawsuit dismissed?
In the dismissal request, filed May 1, Burchett's attorneys said the social media posts weren't personal. The photo was viral before he shared it.
Burchett made the post from Washington, D.C., to a national audience, Burchett's defense said, and he didn't know Loudermill's name or that he was a Kansas resident. Because the post wasn't made in Kansas or directed specifically at Kansans, Burchett said in the filing a Kansas district federal court doesn't have jurisdiction.
'Burchett should have known,' lawsuit says
"(Burchett) knew or should have known that his inflammatory post on social media would be seen and read nationwide, including in Kansas where the subject of his post was a resident," the lawsuit says.
Loudermill is asking for $75,000 due to the "highly offensive" nature of Burchett's accusations.
Burchett is running for reelection this fall to represent Tennessee's 2nd Congressional District. The 2nd District includes Blount, Campbell, Claiborne, Grainger, Knox, Loudon and Union counties.
Knox News reached out to Loudermill's defense and did not receive a response.
This article originally appeared on Knoxville News Sentinel: Tim Burchett wants suit over Kansas City social media post dismissed
