SCARPELLI v. JONES

No. 51,574

229 Kan. 210 (1981)

626 P.2d 785

DANTE G. SCARPELLI, M.D., Appellee, v. NOLAN JONES, CHARLES K. LEE, ERNEST TURNER and CHARLES FLOYD, Appellants.

Supreme Court of Kansas.

Opinion filed February 26, 1981.


Attorney(s) appearing for the Case

Reid F. Holbrook, of Holbrook and Ellis, P.A., of Kansas City, and Lee J. Dunn, Jr., of Chicago, Illinois, argued the cause and were on the brief for the appellee.

James I. Meyerson, of the National Association for the Advancement of Colored People, of New York, New York, argued the cause and Charles E. Carter and Thomas I. Atkins, of the same association; Elmer C. Jackson, Jr., of Kansas City, Victor Goode and Patricia Goins, of the National Conference of Black Lawyers of New York, New York; and Herbert O. Reid, of Howard University School of Law, Washington, D.C., were with him on the brief for the appellants.

Chester Lewis, of Wichita, and Ralph R. Smith, of the University of Pennsylvania Law School, Philadelphia, Pennsylvania, were on the brief amicus curiae for The Affirmative Action Coordinating Center, et al.

William Rich, of the Washburn University School of Law, of Topeka, was on the brief amicus curiae for The American Civil Liberties Union of Kansas.


The opinion of the court was delivered by

HERD, J.:

This is an appeal by defendants Nolan Jones, Ernest Turner, Charles K. Lee and Charles Floyd, in a libel action brought by plaintiff Dante G. Scarpelli. The jury awarded Scarpelli a judgment against each defendant in the amount of $1,000 compensatory damages and $10,000 punitive damages.

Dante G. Scarpelli, M.D. was a professor and the chairman of the department of pathology from 1966 to 1976 and...

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