LOUISVILLE (CN) - A man claims A&E Television defamed him on its so-called reality show, "The First 48," identifying him by name and photo as "charged with first-degree murder and ... currently awaiting trial." Actually, Tyson Mimms says, all charges against him were dismissed the day before A&E broadcast its show, but A&E refused to correct it.
Mimms sued S&E for defamation in Federal Court, for Episode 160 of its show, which it called "Eye for an Eye - Dead End," and broadcast on April 1, 2010. Mimms says A&E continues to rebroadcast it from time to time, and shows it on the Internet and through Netflix.
The show was about the shooting death of Alfred Smith. In the episode, "an individual with a damaged eye is initially identified as the main suspect in the shooting death of Mr. Smith, and that Mr. Mimms, who has a damaged eye, is later identified by full name and photograph as the main suspect in the shooting death of Alfred Smith, and ... a large portion of the Subject Episode revolves around videotaped interrogations of Mr. Mimms," according to the complaint.
Mimms adds: "That at the end of the Subject Episode, Mr. Mimms is arrested and charged with first-degree murder, and that a text message on the screen states 'Tyson Mimms has been charged with first-degree murder and is currently awaiting trial.'"
But he says he "did not murder Alfred Smith, and that on March 31, 2010, before the Subject Episode was initially aired, all charges against Mr. Mimms were dismissed
due to a lack of evidence."
He says he "made a sufficient demand for correction relative to this false and defamatory publication, and that defendant has failed to correct the explicit and implicit false and defamatory statements in the Subject Episodes."
He demands more than $1 million for invasion of privacy and defamation. He is represented by James Bolus Jr.
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