Friday, May 18, 2007

POST IMUS, HIP HOP & SHOCK JOCKS, C DELORES TUCKER RISES LIKE A PHOENIX

A member of the three-judge panel recently suggested that a jury should consider whether three powerfurl attorneys and their clients, Interscope Records and Death Row Records, acted with malice in making “wild criminal charges” against C. Delores Tucker.

Ms. Tucker, who died in 2005, was founder of the National Political Congress of Black Women, whose activities included a campaign against demeaning references to women in “gangsta” rap music.

The record companies sued, accusing Tucker of trying to induce Death Row to breach a contract with Interscope, and helping to set up a Black-controlled distribution company -- making her crusade really a cover for personal gain.

After the attorneys eventually dismissed those claims, Tucker and her husband filed two malicious prosecution suits, accusing the defendants of retaliating against her for her constitutionally protected efforts to clean up the lyrics of music sold to minors.

Ms. Tucker said she was described as a “charlatan;” subjected to having to sit for 11 days in depositions, and had to endure personal attacks while the litigation was ongoing. She cited an ad in a rap magazine that she said was a death threat, as well as a top-selling CD in which Tupac Shakur rapped about her using various vulgarities.

The trial court granted the defendant's request to dismiss the case because the Tuckers could not show any damages.

A Ninth Circuit judge has disagreed, however, noting that the suits against Tucker appeared “to be an attempt to destroy” her political organization rather than to collect damages or obtain the relief that the companies mentioned in their lawsuit but never requested.

Her widower husband is continuing the case on her behalf, representing the estate.