Note: In addition to the article, please see the video entitled “Misinformation, AI Videos Surge around Nolan Wells Case”.

According to the article, attorneys representing three friends of Nolan Wells have filed another high-profile defamation lawsuit tied to the Mississippi teen's death investigation, this time targeting former National Football League (NFL) star Terrell Owens.

The suit is similar to others that lawyers Tyler Cox and Edward Paltzik have announced against the Reverend Al Sharpton and The View co-host Sunny Hostin.

Both received pre-suit demand letters in advance of defamation suits over statements they allegedly made about Warren Hudson, Jax Pitalo and Morgan Seymour regarding the Wells case. The letters demanded retractions. Sharpton has said he looks forward to seeing them in court and undergoing the discovery process.

Here's what we know about the Owens lawsuit, which alleges defamation per se and false light invasion of privacy.

Why Are Nolan Wells' Friends Suing Terrell Owens?

In a September 26 X post, Owens shared a video from Trent Hall's The Trent Out Loud Show Instagram account. The video's main image is of the plaintiffs. In it, Hall calls for the arrests of "the three white boys" and District Attorney Angel Myers McIlrath, based on claims that information was deleted from Wells' phone.

Andrew Garrett, the forensic expert whose company was hired by Crump to inspect the device, said at a news conference that content was deleted but clarified that other Snapchat users deleted or recalled messages. Other people did not unlock Wells' phone after the last time the teen used it.

Owens' post reads, “ARREST THEM IMMEDIATELY!! LIKE YESTERDAY!!” His X account has 1.2 million followers.

The former professional football wide receiver played 15 seasons in the NFL for teams including the San Francisco 49ers, Philadelphia Eagles, Dallas Cowboys, Buffalo Bills and Cincinnati Bengals. He was inducted into the Pro Football Hall of Fame.

Owens' reality series "The T.O. Show" ran on VH1 for three seasons. He now has a large social media following and co-hosts the "Get TO The Point" podcast.

The post cited in the lawsuit isn't the first time Owens weighed in on the Wells case. In July, he committed $25,000 in reward money for information that would lead to an arrest or conviction. Another $150,000 total has been offered by Sharpton and his National Action Network; Hollywood producer Tyler Perry; and Warren Hudson's father, Dr. Ben Hudson.

With the September 26 post, attorneys say Owens falsely accused Pitalo, Hudson and Seymour of murder and covering up the crime by tampering with evidence. The 44-page complaint argues that the claims shared were known to be false, particularly after the grand jury returned no true bill of indictment and no criminal charges were filed.

"Nolan Wells’ accidental death at the Island was indeed a tragedy beyond measure. However, Warren, Jax, and Morgan played no role whatsoever in Nolan’s tragic death. Any accusations or suggestions that they murdered their dear friend or took steps to cover up his murder are categorically false and now an intentional lie," the complaint reads.

The suit is seeking compensatory and punitive damages to be set by the court.

The complaint says the plaintiffs plan to file a separate suit against Hall, who has made several videos about the case.

What We Know about Nolan Wells' Death Investigation

Wells, 18, was reported missing on July 4th after a boat trip to Horn Island with friends. His body was found near the last place he was seen on Monday, July 6.

Shortly after he was found, Jackson County Sheriff John Ledbetter said investigators had no reason to suspect foul play, but the investigation continued. The state's autopsy was sealed until the case was presented to a grand jury in September.

Almost immediately, the case was plagued by AI-generated videos and images and real media being wrongly linked to the case on social media. Ledbetter said people reporting fake information made the work more challenging for his team.

Wells' family hired Crump, a civil rights attorney, to lead a private investigation. That included an independent autopsy.

Early in the case, Christine Wonsley said it looked like Snapchat messages had been deleted from her son's phone. That was later misinterpreted and spread as a rumor that Wells' phone had been completely wiped before being returned to his family.

Crump hired Garrett Discovery to conduct a forensic review of the device. Garrett, CEO of the firm, clarified that some Snapchat messages were unsent or deleted by other users, but no one other than Wells accessed his phone after the college football player last unlocked it himself. Garrett did not clarify how many messages were removed, who removed them or what they contained.

The phone report that Crump’s team provided to McIlrath was reportedly presented to the grand jury.

Both the state medical examiner and Dr. Roger Mitchell, who conducted the private autopsy, also presented their findings to the grand jury.

Both autopsies listed Wells’ cause and manner of death as undetermined, meaning the pathologists could not definitively say what happened.

Neither ruled out drowning, though the state autopsy found no water in Wells' lungs or stomach.

Mitchell pointed to some bruises on the back of Wells' skull, shoulder and near his butt but did not imply the damage was fatal or life-threatening. The state autopsy found no bleeding in or around Wells' brain and no damage to his skull under the bruise.

A witness said under oath that Wells awkwardly slid from the side of a boat around 3:30 p.m. July 4 but could not say whether Wells struck his head during the fall. The witness said Wells seemed fine afterward and continued socializing.

The grand jury found that "the position of, condition of, time of discovery, and location of Mr. Wells' body is consistent with drowning," according to the report. They found no true bill, meaning criminal charges will not be filed.

No suspects have been named by law enforcement, but there is a total of $175,000 in rewards from private sources available if a tip leads to an arrest and conviction in the case.

Mississippi attorney Ahmad R. Smith, who is also representing the Wonsleys, sent a letter to McIlrath before the grand jury met, saying that the private investigation had not found additional witnesses with relevant information.

The grand jury report noted that if new evidence about Wells' death comes to light, it should be presented to a grand jury for further consideration. Mississippi does not have a statute of limitations or time limit on murder charges.

Discussion Questions

  1. Define defamation and defamation per se, including in your response the distinction between slander and libel. Based on the information provided in the article, is this a slander case, or a libel case?

    Defamation is defined as a false statement or a bad faith opinion regarding a person that damages that person’s reputation. Defamation per se is a category of false statements considered so inherently harmful—such as accusing someone of a crime—that the law presumes damages without requiring the plaintiff to prove actual harm.

    There are two types of defamation: (1) slander and (2) libel. Slander is spoken (oral) defamation, while libel is written defamation.

    Based on the information provided in the article, this is a libel case, since Terrell Owens posted on X the following: “ARREST THEM IMMEDIATELY!! LIKE YESTERDAY!!” It is important to note, however, that regardless of form (i.e., slander or libel), the end result is the same for a plaintiff who proves that the defendant’s statement was false or given in bad faith, and that their reputation has been damaged as a result (again, with defamation per se, damages are presumed without proof of actual harm): money damages, recoverable from the defendant.

  2. Review the evidence presented in the article regarding the plaintiffs’ defamation lawsuit against Terrell Owens, particularly in terms of what Mr. Owens did and said in response to Nolan Wells’ death. In your reasoned opinion, did Mr. Owens defame Warren Hudson, Jax Pitalo and Morgan Seymour? Why or why not?

    This is an opinion question, so student responses may vary.

    In your author’s opinion, this is not a “slam-dunk” case. Revisiting the actual language of Mr. Owens’ X post, he exhorted     “ARREST THEM IMMEDIATELY!! LIKE YESTERDAY!!” This is not definitive language that he believes Hudson, Pitalo, and Seymour murdered Nolan Wells. Even assuming, arguendo, that it was, the statement could be interpreted as Mr. Owens’ good-faith opinion regarding Wells’ death.

    As indicated in the article, in his     X post, Owens shared a video from Trent Hall's “The Trent Out Loud Show” Instagram account. The video's main image is of the plaintiffs. In it, Hall calls for the arrests of "the three white boys" and District Attorney Angel Myers McIlrath, based on claims that information was deleted from Wells' phone. In your author’s opinion, this is the more problematic evidence for Mr. Owens, particularly if a jury concludes that the sharing of the video from Trent Hall was essentially the same as Mr. Owens saying that Hudson, Pitalo, and Seymour deleted damning information from Wells’ phone.

  3. As indicated in the article, Mississippi does not have a statute of limitations (i.e., a time limit) on murder charges. In your reasoned opinion, should it? Why or why not

    This is an opinion question, so student responses may vary.

    In your author’s opinion, there should not be a statute of limitations for murder. Admittedly, murder will generally be more difficult to prove beyond a reasonable doubt with the passage of time (for example, witness memories may fade), but if the prosecution is able to meet that burden, your author believes that a jury should be allowed to find the defendant guilty.