Judge: Len Dykstra’s reputation is so bad it’s legally impossible to libel him

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You may recall that in April of 2019 former Mets and Phillies outfielder Len Dykstra sued his former teammate and current Mets commentator Ron Darling for defamation and intentional infliction of emotional distress. The suit arose out of claims in Darling’s then recently-published autobiography alleging that Dykstra shouted racial slurs at Red Sox pitcher Dennis “Oil Can” Boyd before Boyd took the mound in a 1986 World Series game. Dykstra lashed out at Darling over it, denying it ever happened and then filed suit. Then everyone went quiet.

Now the suit has been dismissed. And it has been dismissed in entertaining fashion, with the judge agreeing with Darling’s claim that Len Dykstra has such a crappy reputation that it’s virtually impossible to libel him.

Really. From the court’s opinion, which you can read in its entirety here:

Based on the papers submitted on this motion, prior to the publication of the book, Dykstra was infamous for being, among other things, racist, misogynist, and anti-gay, as well as a sexual predator, a drug-abuser, a thief, and an embezzler. Further, Dykstra had a reputation—largely due to his autobiography—of being willing to do anything to benefit himself and his team, including using steroids and blackmailing umpires . . . Considering this information, which was presumably known to the average reader of the book, this Court finds that, as a matter of law, the reference in the book has not exposed Dykstra to any further “public contempt, ridicule, aversion or disgrace,” or “evil opinion of him in the minds of right-thinking persons,” or “deprivation of friendly intercourse in society.”

The judge went on to detail a ton of Dykstra’s past bad acts. It took awhile. And then the judge said this:

The nature and seriousness of Dykstra’s criminal offenses, which include fraud, embezzlement, grand theft, and lewd conduct and assault with a deadly weapon, and notably the degree of publicity they received, have already established his general bad reputation for fairness and decency far worse than the alleged racially charged bench-jockeying in the reference could . . .

. . . Given the aforesaid litany of stories concerning Dykstra’s poor and mean-spirited behavior particularly toward various groups including racial minorities, women, and the LGBTQ community—this Court finds that, as a matter of law, the reference cannot “induce an evil opinion of [Dykstra] in the minds of right-thinking persons” or “deprive him of their friendly intercourse in society,” as that “evil opinion” has long existed.

All of this is in service of the legal doctrine about “libel-proof plaintiffs” which, as the court explains in detail, renders one legally foreclosed from suing over an allegedly damaged reputation when your reputation is already irredeemable.

It’s one thing to have everyone on the planet think you’re a scumbag, but it’s another thing altogether for a court to rule that, as a matter of law, you’re a scumbag. That takes years of work to do, really.

Hat’s off to ya, Nails.

Swanson, Olson go deep vs Scherzer, Braves take NL East lead

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ATLANTA — Dansby Swanson and Matt Olson homered off Max Scherzer, lifting the Atlanta Braves to a crucial 4-2 victory Saturday night over the New York Mets and a one-game lead in the NL East.

The defending World Series champions beat aces Jacob deGrom and Scherzer on consecutive nights to take their biggest lead of the season in the division. New York, which held a 10 1/2-game cushion on June 1, faces its biggest deficit of the year with four games remaining.

Atlanta will try for a three-game sweep Sunday night, with the winner earning the season-series tiebreaker between the teams. Even though both teams are headed to the postseason, that’s important because the NL East champion gets a first-round bye in the playoffs.

Swanson’s 24th homer, a go-ahead, two-run shot in the fifth inning, touched off a frenzy among the sold-out crowd at Truist Park, the ball sailing a few rows up into the seats in left-center to make it 3-2. Olson hit his 32nd homer in the sixth, a solo shot into Chop House seats in right to put Atlanta up 4-2.

Austin Riley led off the fourth with a double and scored on Olson’s single to make it 1-all.

Kyle Wright (21-5) gave up two runs and seven hits with one walk and three strikeouts in five innings as he won his eighth straight decision. The Braves have won 16 of his last 17 starts.

New York went up 2-1 in the fifth when Pete Alonso, Francisco Lindor and Jeff McNeil hit consecutive two-out singles.

The Mets led 1-0 in the first when Brandon Nimmo singled, advanced on a walk and a single and scored on Eduardo Escobar‘s groundout. Wright, who threw 30 pitches in the first, stranded two runners in scoring position to prevent further damage.

Scherzer (11-5) allowed a first-inning single to Riley and a third-inning infield single to Ronald Acuna Jr., who advanced to third on a fielding error by Lindor at shortstop but was stranded when Michael Harris II lined out to center. Scherzer patted his glove and pumped his fist as he walked off the mound.

Scherzer was charged with nine hits and four runs with no walks and four strikeouts in 5 2/3 innings as the Mets were knocked out of first place for only the third day all season.

The Braves have won five of the last six against New York to tie the season series 9-all, outscoring the Mets 37-16 over that stretch.

Atlanta’s bullpen, which posted a 1.70 ERA in September, got a perfect inning from Dylan Lee in the sixth. Jesse Chavez faced four batters in the seventh, Raisel Iglesias faced the minimum in the eighth and closer Kenley Jansen pitched a perfect ninth for his NL-leading 39th save in 46 chances.

Since the Braves were a season low-tying four games under .500 at 23-27 after play on May 31, they have gone 76-32, tying the Los Angeles Dodgers for the best record in the majors over that span. They were a season-worst 10 1/2 games behind the first-place Mets on June 1.

Wright, the only 20-game winner in baseball this season, hasn’t officially become the first Braves pitcher to lead the league in wins outright since Russ Ortiz had 21 in 2003, but the Dodgers’ Julio Urias has 17 and can’t reach 20 before the regular season ends.

Wright will become the first Braves pitcher since Hall of Famer Tom Glavine in 2000 to lead the majors in wins. Houston ace Justin Verlander also has 17.

Wright began the game 1-4 with a 6.75 ERA in six career starts and one relief appearance against the Mets.

The Braves, who got homers from Riley, Olson and Swanson off deGrom on Friday, lead the NL with 240 homers.

TRAINER’S ROOM

Mets: All-Star RF Starling Marte (right middle finger fracture) has yet to begin swinging or throwing. Manager Buck Showalter said Marte is experiencing less pain but not enough to take the next step in his recovery. Marte has been sidelined since Sept. 7.

Braves: RHP Spencer Strider still has not thrown as he gets treatment on a sore left oblique. Manager Brian Snitker said there is no timetable for the rookie’s return. Strider has been sidelined since Sept. 21.

NICE GLOVE

Harris ran back and jumped to catch Nimmo’s fly against the wall in center field for the first out of the third.

UP NEXT

Mets RHP Chris Bassitt (15-8, 3.27 ERA) will face RHP Charlie Morton (9-6, 4.29) as the teams conclude a three-game series.