No. 23-1633

THOMAS C. FRANCHINI,

Plaintiff, Appellant,

v.

BANGOR PUBLISHING CO., INC., d/b/a/ Bangor Daily News; MEG HASKELL; EDWARD MURPHY; GANNETT COMPANY, INC., d/b/a USA Today; DONOVAN SLACK; INVESTOR'S BUSINESS DAILY, INC., d/b/a Investor's Business Daily; MTM ACQUISITION, INC., d/b/a Portland Press Herald and SALLY PIPES,

Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE

[Hon. George Z. Singal, U.S. District Judge]

Before

Lynch, Circuit Judge, and Saris, District Judge.

 Judge Torruella heard oral argument in Franchini v. Investor's Bus. Daily, Inc., No. 19-1389, 2024 WL 229053 (1st Cir. Jan. 17, 2024), an interlocutory appeal in this case, and participated in the initial semble thereafter. His death on October 26, 2020, ended his involvement in this case. The remaining two panelists issued this opinion pursuant to 28 U.S.C. § 46(d).  Of the District of Massachusetts, sitting by designation. Raymond W. Belair, with whom Belair & Associates, P.C., was on brief, for appellant. Clifford H. Ruprecht, with whom Roach Ruprecht Sanchez & Bischoff was on brief, for appellees Gannett Company, Inc., and Donovan Slack. Russell B. Pierce, Jr., with whom Norman, Hanson & DeTroy, LLC was on brief, for appellee Investor's Business Daily. Christopher T. Uphouse, with whom Eaton Peabody was on brief, for appellees Bangor Publishing Co., Inc., and Meg Haskell. Cynthia L. Counts, with whom Rachel Wertheimer, Verrill Dana LLP and FisherBroyles LLP were on brief, for appellees MTM Acquisition, Inc., Edward Murphy, and Sally Pipes.

July 17, 2024 LYNCH, Circuit Judge. Dr. Thomas C. Franchini, the former Chief of Podiatry at the Department of Veterans' Affairs Maine Healthcare System at Togus ("VA Togus"), appeals from the district court's grant of joint motions for summary judgment to defendant publishers Bangor Publishing Co., Inc., d/b/a Bangor Daily News; Gannett Company, Inc., d/b/a USA Today; Investor's Business Daily, Inc., d/b/a Investor's Business Daily ("IBD"); and MTM Acquisition, Inc., d/b/a Portland Press Herald; and reporters Meg Haskell, Edward Murphy, Donovan Slack, and Sally Pipes.

Franchini brought suit against the defendants alleging that articles the defendants had written and published, which described malpractice allegations as to his medical treatment of veterans at VA Togus, were libelous and/or defamatory. Franchini v. Bangor Publ'g Co., 560 F. Supp. 3d 312, 316 (D. Me. 2021).1

He argues on appeal that the district court (1) should have denied the defendants' motion for summary judgment because there were at least genuine issues of material fact as to whether he was a voluntary or involuntary public figure and (2) should not have dismissed his Second Amended Complaint ("SAC") for failure to plead actual malice. We hold on the undisputed facts that the

1 In addition to his allegations of libel and/or defamation against all defendants, he also alleged that all defendants had caused negligent infliction of emotional distress and that Gannett and Slack had engaged in fraudulent or negligent misrepresentation. Id. Franchini has not appealed the dismissal of those claims.

- 3 - district court correctly found that Franchini was a voluntary public figure and that he failed to plead actual malice in his SAC. We affirm the judgment of the district court.

I.

We describe the undisputed facts of record. The U.S. Department of Veterans' Affairs ("VA") is responsible for "adminis