MINNEAPOLIS — The mother of George Floyd's daughter, Gianna, is suing Kanye West for $250 million dollars after the rapper claimed Floyd died of a fentanyl overdose while appearing on a popular podcast called "Drink Champs."
"They are hurt, angry, confused, frustrated," said Kay Harper Williams, with the Witherspoon Law Group.
Following the controversial interview, Roxie Washington, acting on behalf of her minor child and George Floyd's daughter, announced plans to sue, citing "harassment, defamation and emotional distress."
"We watched the nine and a half minutes, we all did across the world, but imagine if that was your father, brother, son," she said.
Attorney Kay Harper Williams is a partner at The Witherspoon Law Group.
"The interview was removed, but it doesn't leave the atmosphere," she said. "How do we prevent Gianna Floyd and the rest of the family from being retraumatized by these words."
The Hennepin County Medical Examiner, who conducted Floyd's autopsy, confirmed the cause of death was “cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression,” and the manner of death was a “homicide.”
Professor Jane E. Kirtley, the Silha Professor of Media Ethics and Law at the Hubbard School of Journalism and Mass Communication at the University of Minnesota, says although there may be a few challenges when it comes to West's First Amendment rights, some claims may still stand.
"Interestingly, probably the claims most likely to survive a motion to dismiss probably the misappropriation of the name and image, and infliction of emotional distress," said Professor Kirtley. "Harassment and defamation is unlikely to succeed because Mr. Floyd is no longer living, and in the U.S., defamation claims do not survive death."
In the end, lawyers argue, everyone should be held accountable for any harm caused by their words.
"Yes, Kanye West has a right to free speech like every other American, however, there are limitations to free speech, you can not say things that are defamatory, and you cannot use words that will intentionally harm another person, and that is what this case is about," said Attorney Nuru Witherspoon. "George Floyd's daughter was harmed. And in addition, his comments are damaging to Mr. Floyd's estate; you can not make remarks in this country about someone else for profit, without permission and that is the issue in this case."
The law firm says a cease-and-desist letter was also forwarded to West.
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