IN PHOTO ABOVE: One of Ezzell Brown's Record editorials cited as libelous by Meek family in lawsuit

In a ruling issued late Monday afternoon, 99th District Court Judge J. Phillip Hays granted a motion to dismiss a libel lawsuit against The Canadian Record and Editor/Publisher Laurie Ezzell Brown. The lawsuit was filed in February on behalf of the Estate of Thomas Brown through its representative and Tom’s mother Penny Meek, and individually by Penny Meek, her husband Chris Meek, and her son Tucker Brown.

Ezzell Brown was named in the suit both individually and as the “former” owner and editor of The Canadian Record. She has reported extensively on Thomas Brown’s disappearance and death, and the search for answers in the case, and commented editorially and in her Field Notes column about the investigation by Philip Klein and the many rumors and innuendo that have filled the vacuum left in the absence of verifiable facts.  

Ezzell Brown is among a group of seven other named defendants, including:

•KXDJ radio commentator Chris Samples and Chris Samples Broadcasting, Inc., doing business as KXDJ Radio;

•Michael Crain, of Ballinger, a frequent guest on Samples’ morning talk show, who has been critical of the private investigative firm hired by Brown’s family—Philip Klein  Investigations—and openly skeptical of Klein’s and his clients’ statements and actions following Brown’s disappearance and death;

•Dwain Read, a Lubbock-area private investigator and civil process server, doing business as USA Investigations, whose firm held the private investigators’ license Crain obtained in April 2022 and retained him as a contract employee.

•Anita Webb, a Canadian resident whose family worked with Klein in the search for Brown, before losing faith in the investigator;

•Amanda Lehman (s/n Moore), of Amarillo, a frequent critic of Klein’s on Facebook;

•Michelle Gomez, of Lockhart, an independent skip-tracer and bounty hunter who has become embroiled in the Thomas Brown case and has openly challenged Klein’s work.

•Richard Biggs, of Amarillo’s Mullin, Hoard, Brown, LLP, whose legal assistance was sought out by Read after Klein accused Crain of conducting an illegal rogue investigation without a client, in violation of Texas codes.

We are more committed than ever to defending the First Amendment and to exercising our First Amendment rights.

RECORD EDITOR/PUBLISHER
LAURIE EZZELL BROWN

The lawsuits stemmed from the November 23, 2016, disappearance of Canadian High School senior Thomas Brown (no relation to defendant Ezzell Brown), and the subsequent discovery of his skeletal remains on January 9, 2019, about 17 miles outside of Canadian near the entrance to Lake Marvin.

Over the last nearly six-and-a-half years, the investigation into Brown’s death has involved the Hemphill County Sheriff’s Office, the Texas Rangers, the FBI, and the Texas Attorney General’s Office of Criminal Investigations. Despite those efforts, the theories surrounding the cause of Brown’s death abound, and definitive answers remain in short supply.

The family’s lawsuit accused all the defendants of acting both individually and collectively to engage in “a prolonged, ongoing civil conspiracy” to commit libel and defamation against the plaintiffs, and of causing the plaintiffs actual damages, “consisting of severe psychological and emotional harm or anguish and loss of enjoyment of life in the past, present and in all probability into the future.”

They were also accused of acting intentionally, maliciously and with knowledge that their actions would and have caused the plaintiffs severe harm and damages.

Motions to dismiss were filed by most of the defendants under both the Texas Citizens Participation Act (TCPA), and under Rule 91a.

The TCPA protects people from what are known as “Strategic Lawsuits Against Public Participation,” or SLAPP suits, which are filed to stop a person or group from speaking out or exercising their First Amendment rights. The person or business filing a SLAPP suit often claims that their reputation has been damaged or their rights interfered with by the defendant(s). It is commonly referred to as the Anti-SLAPP law.

Judge Hays’ ruling denied all defendants’ motions to dismiss under the TCPA.

Rule 91a provides for a defendant’s motion to dismiss a cause of action on the grounds that it has no basis in law or fact, or both. A cause of action has no basis in law if the allegations, taken as true, together with inferences reasonably drawn from them, do not entitle the claimant to the relief sought. A cause of action has no basis in fact if no reasonable person could believe the facts pleaded.

Judge Hays’ ruling granted motions to dismiss under Rule 91a to defendants Webb, Lehman, Gomez, and Ezzell Brown and the Canadian Record.

In addition, he found that the Estate of Tom Brown has no actionable claim for defamation or loss of reputation.

The court found that Richard Biggs was inadvertently named in the style of the lawsuit and was dismissed with prejudice from the suit in his individual capacity. Biggs’ motion for sanctions and attorney fees was denied.

Motions for dismissal by Michael Crain and by DOT Comply, under both the TCPA and Rule 91a, were all denied.

Samples and KXDJ Radio Station filed motions under both the TCPA and under Chapter 27 of the Texas Civil Practice and Remedies Code, whose purpose is to encourage and safeguard the constitutional rights of persons to petition, speak and associate freely, and otherwise participate in government to the maximum extent permitted by law. Those motions were also denied.

An award of attorney’s fees under all of the motions filed and ruled upon is still under advisement, Judge Hays wrote, noting that subsequent rulings will be forthcoming.

This week’s ruling followed a lengthy May 17 hearing in Lubbock’s 99th District Court, during which most of the defendants were present with their attorneys. The Meek family was not present for the proceedings, nor was their private investigator and apparent spokesperson, Philip Klein. They were represented solely by attorney John S. Morgan.

At the hearing’s conclusion, Judge Hays said he would issue his ruling within 30 days.

In comments posted on the Philip Klein Investigations Facebook page shortly after the court’s ruling was issued, Klein said his clients’ lawsuit will now move forward to the discovery phase, and/or appeal phase, of the court’s ruling. He also noted, “The Meek family is considering with counsel an appeal regarding those who have been dismissed.”

“The merits of this case are extremely clear and extremely strong,” Crain said after learning of the judge’s ruling. “The court would like us to prove our positions up a little more than was originally done, and I feel very confident that we will prevail.”

“In a nutshell, are we disappointed that wasn’t dismissed?” said Samples. “Absolutely. Sure. We always want our troubles to end quickly. It would be nice if every difficult thing got early dismissal. But that’s not reality most of the time.”

“We had a feeling in our gut all along,” he said. “Is this judge going to dismiss everyone and not leave room for the plaintiffs to depose us, to be heard? If somebody’s going to be left, it’s probably going to be me.”

“No, I’m not shocked. I’m not devastated,” Samples added. “I feel very good about the facts of the case going forward. And we will be prepared.”

Ezzell Brown expressed both her and her staff’s relief upon receiving the judge’s ruling, and vowed their continued support for her fellow defendants, saying, “We are determined to follow and report on all future proceedings.”

“We are more committed than ever to defending the First Amendment and to exercising our First Amendment rights,” Ezzell Brown said. “Free speech is the cornerstone of our democracy. It protects every American’s right to free speech, and to the expression of their opinions, regardless of their popularity.”

“We are also extremely grateful to our friends and readers, our community, and our fellow journalists, for the overwhelming support and faith they have shown us."