Sunday, March 7, 2010

Good luck. As my tort law professor said, "Sue the bastards."

MUCK from "Defamation of Character" ...Image by indieink via Flickr
Imagine this: four teenagers take to Facebook to create a fake profile that continually misrepresents your son as a gay racist. Then consider that profile amasses 580 plus friends. You’d be pretty pissed off, right?For one mom in particular, Laura Cook, this nightmare is a reality for her and her athlete son. Fighting back, she’s now suing the four teenagers, on behalf of her son, on five separate counts including defamation and emotional distress. She’s seeking compensatory and punitive damages for amounts not yet disclosed.


The lawsuit, embedded below, alleges that not only did the teens in question create the profile with the plaintiff’s real name, but they also include his real cell phone number, posted photos of the boy, shared status updates with obscenities and descriptions of sexual acts, included profile data that depicted the boy as racist and gay, and even managed to friend 580 facebookers. The document also goes into detail including some of the hideous comments and replies from those who were exposed to the fake profile.

Not surprisingly, the suit also claims that the effects of the fake profile were felt by the boy and his family both online and off. With the boy suffering “severe emotional distress,” “humiliation and embarrassment,” while the whole family “have had to change athletic clubs and coaches.” {Read on}