Chief U.S. Magistrate Judge Susan E. Schwab ruled against state inmate Louis R. Coviello, saying he missed the statute of limitations on a case of libel and defamation against the author and publishers of THE QUIET DON, a book about the late mafia chieftain Russell Bufalino.
Birkbeck and Penguin filed a motion for dismissal on the summary judgment due to waiting too long for the suit to be filed. There was also insufficient evidence to rule in the inmate's favor.
According to state law, Coviello had one year to sue after the book was published in October 2013. Instead, he waited until September, 2015, when he claimed he first found out about the book.
Coviello has two weeks to appeal the decision to the U.S. District Court judge.
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