Brett Favre is asking an appeals court to reinstate his defamation lawsuit against Shannon Sharpe

NEW ORLEANS (AP) — Legal professionals for retired NFL quarterback Brett Favre will ask a federal appeals court docket Tuesday to revive a defamation lawsuit Favre filed in opposition to a fellow Professional Soccer of Fame member, former tight finish Shannon Sharpe, amid the backdrop of a Mississippi welfare scandal that is likely one of the state’s largest public corruption circumstances.

A federal choose in Mississippi threw out the lawsuit in October, saying Sharpe used constitutionally protected speech on a sports activities broadcast when he criticized Favre’s connection to the welfare misspending case.

Favre hopes the fifth U.S. Circuit Courtroom of Appeals will reinstate the lawsuit.

Sharpe stated throughout a September 2022 broadcast of the Fox Sports activities present “Skip and Shannon: Undisputed” that Favre was “taking from the underserved,” that he “stole cash from individuals that basically wanted that cash” and that somebody must be a sorry individual “to steal from the bottom of the low.”

Mississippi State Auditor Shad White has stated that from 2016 to 2019, the Mississippi Division of Human Providers misspent greater than $77 million from the Short-term Help for Needy Households program — funds meant to assist among the poorest individuals within the U.S.

Amongst White’s findings was that Favre improperly obtained $1.1 million in talking charges from a nonprofit group that spent TANF cash with approval from the Division of Human Providers. The cash was to go towards a $5 million volleyball area at The College of Southern Mississippi, which he attended and the place his daughter was taking part in the game.

Favre has paid again $1.1 million, however White stated in a February court docket submitting that the previous quarterback nonetheless owes $729,790 as a result of curiosity brought on progress within the authentic quantity he owed.

Favre, who lives in Mississippi, has denied wrongdoing and isn’t going through felony fees. He’s amongst greater than three dozen individuals or firms being sued by the state Division of Human Providers.

U.S. District Choose Keith Starrett’s October ruling stated Sharpe’s remarks concerning the case had been constitutionally protected “rhetorical hyperbole.”

“Right here, no cheap individual listening to the Broadcast would suppose that Favre truly went into the properties of poor individuals and took their cash — that he dedicated the crime of theft/larceny in opposition to any specific poor individual in Mississippi,” Starrett wrote.

Favre’s attorneys stated in a quick that the ruling mischaracterized Sharpe’s remarks. “Right here, an inexpensive listener might and would have interpreted Sharpe’s repeated statements to the impact that Favre ‘stole cash’ from ‘the underserved’ as factual assertions about Favre,” they stated.

Sharpe’s attorneys argued in briefs that Starrett received it proper, referring to Sharpe’s remarks as “unfastened, figurative language between media commentators a couple of vital public controversy vital to the discourse of our nation.”

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Related Press author Emily Wagster Pettus in Jackson, Mississippi, contributed.