A New Jersey appeals court has affirmed the dismissal of a lawsuit against
ABC News brought by three policemen who claimed that the network made them look
The 1996 PrimeTime Live report, "Driving While Black," used
hidden-camera footage of a traffic stop of three black men in a Mercedes during
which the men were frisked.
The appeals panel agreed with the lower court that the plaintiffs failed to
prove ABC's malice, finding instead that the search and frisk appeared
Plaintiffs' lawyer Neville Johnson -- who specializes in privacy and defamation
suits against media -- said he would encourage his clients to appeal and that with
this decision, New Jersey was not in agreement with national trends.
ABC News spokesman Todd Polkes said the network was pleased with the decision
and continued to stand behind its story.