Alec Baldwin has filed a motion to dismiss a defamation suit against him.
Roice McCollum and family members are suing the 30 Rock actor for allegedly mislabeling her as a participant in the Washington DC Capitol attack on January 6, 2021 when he shared her image on social media.
McCollum originally posted the photo herself, but Baldwin’s since-deleted repost added a caption calling it “insurgent.”
Court documents insist that while she was protesting the certification of current US President Joe Biden’s vote that day, she did not participate in any riots or any illegal activity.
McCollum is seeking $25m (£19m) for defamation, invasion of privacy, negligence and willful infliction of emotional distress for Baldwin’s online actions.
The actor has now argued that the case should be dismissed, saying the Wyoming court had no “personal jurisdiction” over him as a New York resident. His lawyers also argued that the plaintiffs did not bring claims of defamation, did not bring claims of invasion of privacy by false lights, and did not bring claims of intentional infliction of emotional distress. .
“Baldwin expressed his opinion on a matter of public interest,” they said in the filing. “Reposting a photo that Roice herself publicly posted and then expressing a political opinion about it cannot form the basis of an allegation of intentional infliction.”
In response, McCollum’s attorney, Dennis Postiglione, told Fox News Digital, “Frankly, the motion is predictable and its arguments were expected. We will file a response in a timely manner and believe we will prevail.”