Kennedy Agyapong, the Member of Parliament for Assin Central, has voluntarily dropped his $9.5 million defamation claim against Kevin Taylor, a Ghanaian journalist working in the United States. The Assin North MP wrote to the United States District Court for the Eastern District of Virginia, Alexandria Division, through his lawyers, expressing his indifference in continuing to pursue the issue.
“Please take notice that, plaintiff, Mr. Kennedy Ohene Agyapong (“Plaintiff”), by and through his undersigned counsel, pursuant to Rules 41(a)(1)(A)(i) and 41(a)(1)(B) of the Federal Rules of Civil Procedure, hereby voluntarily dismisses Defendants, Mr. Kevin Taylor and Loud Silence Media LLC (collectively, “Defendants”), in this action without prejudice. “At the time of filing of this Notice of Voluntary Dismissal Without Prejudice, Defendants in this action have not filed, or otherwise served, an answer or motion for summary judgement. Plaintiff has not previously dismissed any federal – or state-court action based on or including the same claim,” the document dated May 20, 2022, said.
But the presiding judge, Honourable Liam O’Grady, in his ruling, suggested that Mr. Agyapong had no basis for demanding US$9.5 million in damages. He has, however, been given a 60-day window to appeal the judgment if he wishes.
“It is undisputed that Agyapong is a public figure and Taylor’s statements were made regarding matters of public concern. The Amended Complaint does not plead any factual material that demonstrates Taylor’s disputed statements were published with actual malice.
“Therefore, Agyapong has not adequately plead an actionable claim. Further, the Amended Complaint does not plausibly state a claim under the Virginia Computer Crimes Act. For these reasons, the Motion to Dismiss the Amended Complaint (Dkt. 13) is GRANTED and the above captioned civil action is DISMISSED. The Plaintiff has 60 days to file a Second Amended Complaint if that filing would meet the requirements discussed in this Order,” the suit said.
