A photographer who filed a lawsuit against Hilary Duff, accusing her of libel and slander for derogatory remarks he claimed she made about him after he photographed her son and other children at a park in 2020, has passed away, as confirmed by his attorney to a judge.
In his lawsuit filed in Los Angeles Superior Court, the late plaintiff, Darryl Wilkins, stated that he encountered the actress, known for her role in “Cheaper by the Dozen,” in a public park on February 22, 2020. Wilkins alleged that Duff asked him not to take pictures of young children, including her then-7-year-old son, while they were playing soccer. Additionally, he claimed that Duff referred to him using derogatory terms, including “child predator.”
During a recent hearing, Wilkins’ attorney, Fred Hanassab, informed Judge Upinder S. Kalra of his client’s passing. In a sworn declaration submitted before the hearing, Hanassab explained that he had lost contact with Wilkins and later discovered a media report stating that Wilkins, aged 67, had died “in a vehicle” on May 19 from atherosclerotic cardiovascular disease as the official cause of death.
Duff, who will turn 36 on Thursday, recorded the encounter with Wilkins on her cell phone and posted the video on her Instagram page. The video gained public attention and was widely reported in celebrity news media. A portion of the video was even featured on “The Wendy Williams Show” during a segment discussing celebrity news.
“Duff’s alleged comments, including the accusation of Wilkins being a child predator, were made in a public place or public forum intended for the use of the general public to communicate thoughts, exchange ideas, and discuss public matters. These comments are connected to an issue of public interest,” stated an anti-SLAPP motion filed by Duff’s lawyers, which was also scheduled for the hearing on October 12.
Judge Kalra did not dismiss the complaint and maintained the upcoming hearing on the calendar to address other matters.
The state’s anti-SLAPP law, which stands for Strategic Lawsuit Against Public Participation, aims to protect individuals from being intimidated through court proceedings or potential legal threats when exercising their First Amendment rights.
Duff’s alleged remarks about Wilkins, both in the public park and on social media and television appearances, were a part of the ongoing discourse regarding child predators approaching minors in public and the issues surrounding the aggressive behavior of paparazzi towards celebrities and their children, according to the motion. The document also argues that Duff’s remarks were merely her personal opinion of Wilkins’ actions while he was photographing her children, and opinions cannot be considered defamatory.
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