Murphy – Local political activist Margaret Ackiss has responded to a $100,000 libel and slander lawsuit filed against her, denying some allegations, admitting no knowledge of others and providing a list of 14 defenses against the lawsuit.
Ackiss hired Morrisville-based law firm K&L Gates LLP – a firm founded by Microsoft-founder Bill Gates’ father – to represent her in the case. The case was assigned to Jared Burtner, then to Nathan Huff, who filed Ackiss’ response on April 30.
Murphy resident Karen Close is suing Ackiss for slander and libel, seeking more than $100,000 in damages and punitive damages. The lawsuit was filed on Feb. 29 in Cherokee County Superior Court. Murphy lawyer Zeyland McKinney is representing Close as the plaintiff.
Close alleges that Ackiss used a series of social media posts to ruin her reputation, cost her her job and interfere with her ability to find work.
Close is seeking an amount more than $25,000 for compensatory damages for slander and an additional amount more than $25,000 for compensatory damages for libel and libel per se, as well as amounts in excess of $25,000 punitive damages for slander and in excess of $25,000 in punitive damages for libel. Close is also seeking that Ackiss pay Close’s litigation costs and any other relief the court decides.
Libel is defined as a published false statement that is damaging to a person’s reputation. Slander is a spoken false statement that is damaging to a person’s reputation.
In her response, Ackiss denied many of the allegations and affirmed some statements of fact. As affirmative defenses, her lawyer argued that Close failed to state a claim upon which relief can be granted.
He also states that the lawsuit’s claims are barred, in whole or in part, because Ackiss engaged in conduct and activity constituting a waiver of any claims against her, and that Close has “expressly or impliedly excused or released her claims against Ms. Ackiss.”
Other defenses include that statements alleged in the complaint were “a product of mistake,” while other allegedly defamatory statements identified in the complaint are true, protected opinion, “were not made with malicious intent or reckless disregard for the truth” or were made in good faith.
“Statements alleged in the complaint were made with reasonable grounds to believe in their truth,” according to another defense.
Other defenses include a claim that the statements were “protected under a qualified privilege or conditional privilege.”
Huff also argues that Close is a public figure, statutes of limitation apply and that statements in the lawsuit were “consented to, invited, authorized, procured or requested” by Close.
Ackiss asked the court to deny the complaint, award Close nothing and have Close pay court costs, attorney fees and any other relief the court sees as “appropriate and just.”
Superior Court Judge Tessa Sellers set the discovery period to expire on Dec. 31 and ordered a mediated settlement conference, with a trial to occur in 2025 if a settlement is not mediated before then.
From the case file
Close began openly supporting William Gelert to be elected chair of the Cherokee County Republican Executive Committee in February 2023. Close alleges that Ackiss started making “untruthful statements” on her social media “in an attempt to discredit her and to discredit William Gelert.”
Ackiss ran against Gelert in the contest and lost in a close vote.
“Since losing the election ... Ackiss has willfully and intentionally and with actual malice made numerous false statements about the Plaintiff Close in an effort to destroy her reputation in the community and to have her removed from the Cherokee County Republican Executive Committee.”
In various posts, Ackiss claimed that Close was a felon with an active investigation in progress in Murphy; conversed with Sheriff Dustin Smith, alleging that Close “stole from the good people who have done a lot for the party and the town”; alleged that Close has a felony record in Florida; alleged that the Cherokee County GOP was protecting felons, referring to Ken Close and Michael Close; and claimed that Close was ineligible to serve on the Cherokee County Republican Executive Committee because of the alleged felony record.
“Keep all of that in mind,” Ackiss posted in social media. “Because when the next indictment comes down, you’ll see how dirty they all are.”
In another post, Ackiss said, “FYI – I wouldn’t send my email address to the felon below [referring to Close]. She might steal your email and make a fraudulent account in your name and who knows what she would do or steal?”
Ackiss also called Close a grifter on social media.
In all, Close points to 11 social media posts making accusations that Close denies. All of the posts were shared to other people’s pages, the lawsuit alleges.
In her filing, Close described the posts as “untruthful and defamatory” and alleges Ackiss knew her statements were untruthful and false and were made “in reckless disregard of the truth of such statements.” Close also alleged that Ackiss made oral statements on TikTok making similar allegations.
Close alleged that Ackiss’ posts led to her being dismissed from her job at Julie’s Restaurant in Peachtree at a loss of $500 per week in wages and has been unable to secure gainful employment since then.