## Facts

- In April 2014, Michelle Hall created a Facebook page accusing Paul Hawbecker of sexually molesting Hall’s daughter and taking pictures of her.
- Hawbecker alleged Hall’s statements were knowingly false and were also communicated to his employer.
- The court determined (in an earlier summary-judgment ruling on liability) that Hall’s statements constituted defamation per se under Texas law because they falsely charged Hawbecker with serious criminal conduct.
- A second proceeding was held to determine damages and whether equitable relief should be granted.
- At the damages trial, Hawbecker testified that the accusations caused his monthly income to drop from about $2,500 to about $500 over a 34-month period (April 2014 through March 2017).
- Hawbecker also testified that he was terminated from his job at the end of February 2017 because of the accusations and that the statements impaired his ability to find future work.
- Hawbecker testified that being publicly branded a child molester made it nearly impossible for him to continue activities involving children, including working as a martial arts instructor and volunteering.
- Hawbecker sought $500,000 in general damages, $432,000 in economic damages for lost wages and future earnings, and $400,000 in exemplary damages, and also requested court-ordered corrective actions aimed at the Facebook audience and Facebook itself.
- Hall did not appear at the damages trial and did not present evidence, in part because she could not afford counsel.

## Issues

1. What amount of general, economic, and exemplary damages should be awarded for Hall’s defamation per se after liability had been established?
2. Whether the court should grant injunctive relief requiring Hall to take corrective steps concerning the defamatory Facebook content (including communicating corrections/apologies and requesting removal).

## Decision

- The court awarded Hawbecker $443,000 in total damages.
- The court granted injunctive relief requiring Hall to take specified corrective actions, including contacting members of the Facebook group to correct/apologize and contacting Facebook to request removal of the page from Facebook’s servers.
- The court relied on the trial evidence of reputational and emotional harm and credited Hawbecker’s testimony regarding income loss, job termination, and continuing employment and community impacts; Hall presented no contrary evidence.

## Legal Principles

- Under Texas law, a false statement accusing a person of serious criminal conduct (such as child sexual abuse) is defamation per se.
- In defamation per se cases, general damages for injury to reputation and mental anguish may be presumed, and the factfinder may award a substantial sum based on the nature of the accusation and the proof of harm.
- Economic damages may be awarded when the plaintiff proves loss of income or diminished earning capacity tied to the defamatory publication.
- Exemplary damages may be awarded in defamation cases when the evidence supports the required state of mind under Texas law (such as actual malice) and the award complies with applicable limits.
- Although injunctive relief affecting speech raises serious constitutional concerns, a court may order limited relief after a final adjudication of falsity and defamation, including measures directed at preventing continued publication and reducing continuing harm.

## Conclusion

After liability for defamation per se had been established, the court held a damages trial at which Hawbecker proved significant reputational injury and employment-related losses stemming from Hall’s Facebook accusations of child molestation; the court awarded $443,000 and ordered targeted corrective actions, including communications to the Facebook audience and a request to Facebook to remove the defamatory page.


Hawbecker v. Hall, 276 F. Supp. 3d 681 (2017)