John Doe A v. Penn State
First Penn State scandal lawsuit says Coach Jerry Sandusky sexually abused a boy more than 100 times and the abuse was enabled by the school's "negligent oversight."
Bradley v. Lohan
Former Betty Ford Center employee sues Lindsay Lohan for assault, alleging the actress threw a phone at her and yanked her wrist while refusing to be breathalzyed.
N.D. v. New York Post
Hotel maid allegedly raped by French politician sues the New York Post for falsely reporting that she is a prostitute who "routinely traded sex for money" with male guests.
Reinhart v. Mortenson
Two Montana residents allege the author of "Three Cups of Tea" "fabricated material about his activities and work in Pakistan and Afghanistan" to sell the book.

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Julianna Walker Willis Technology



• Maryland appeals court says dog owners can be held strictly liable for pit bull attacks. "Because of its aggressive and vicious nature and its capability to inflict serious and sometimes fatal injuries, pit bulls and cross-bred pit bulls are inherently dangerous." Tracey v. Solesky

• Woman who has been diagnosed as a sex addict sues a school district for failing to prevent her from having sex with male students on the school bus when she was in 11th grade.
Barksdale v. Egg Harbor Township Bd. of Ed.

• Civil rights activist challenges Georgia's "stand your ground law." "By not defining what actions create a reasonable perception justifying the use of deadly force, the Act[] potentially deprives all Georgia[n]s of the right to life without due process of law." Hutchins v. Deal

• Former patient of a Rhode Island doctor sues him for featuring her in a book about drug addiction. "Plaintiff had expected, as any reasonable patient would, that her private conversations during her treatment sessions with the Defendant would remain private and confidential."
Lisnoff v. Stein

• Class action alleges the YMCA deceives consumers by representing that it practices "Christian" values while allowing its gyms to be used for gay sex trysts. "YMCAs around the country ... are currently being used as brothels for cruising, with the YMCA's knowledge and implicit consent."
Keister v. YMCA

• Social workers are not liable for a sexual assault on a 5-year-old boy by a 16-year-old male placed in an adoptive home. "To rule against the individual defendants in this case would definitely break new ground."
Doe v. Braddy

• Student sues college for refusing to grant her the "reasonable accommodation" of a single room after she complained about her roommate's exhibitionist behavior.
Blankmeyer v. Stonehill College

• School district can be sued over a guidance counselor's sexual relationship with a student who was over the age of consent. "The inherent imbalance of power between a guidance counselor in a public school and a student may render opportunistic sexual predation sufficiently shocking, even with a 'consenting' student over sixteen, to form the basis of a substantive due process claim."
Doe v. Fournier

• Utah judge finds a "credible threat" that Utah County officials will prosecute a polygamist and his wives for bigamy. The officials' acts "suggest that an actual prosecution of Plaintiffs is forthcoming."
Brown v. Herbert

• Louisville, Ky., strip club sues a competitor for displaying an electronic sign outside a convention center that said "Don't go to Godfathers, their girls are ugly and have crabs."
The Godfather v. Trixie's Lounge

• A lawyer cannot sue two women he dated for posting derogatory comments about him on "[W]hen viewed within the larger context of the website on which they were posted, there can be no doubt that a reasonable reader would understand the comments to be opinion." Coulotte v. Ryncarz

• Oglala Sioux tribe sues beer makers and Whiteclay, Neb., bars for enabling alcohol abuse on the Pine Ridge Indian Reservation. The illegal trade in alcohol has "caused devastating injuries to the Lakota people and massive financial damages to the [tribe]."
Oglala Sioux Tribe v. Schwarting


Jury Goes 'Wild' in Woman's Privacy Case Over Video Print

A Missouri jury has gone wild in a case of involuntary nudity, finding that a woman consented to appearing topless in a “Girls Gone Wild” video by playing to the camera before another person pulled her top down.

The woman, identified only as Jane Doe, had no expectation of privacy, the St. Louis Circuit Court jury declared last week, even though she said “no” when a “Girls Gone Wild” crew asked her to bare her breasts as they were filming at a St. Louis bar in September 2005 and never signed a release allowing any use of her likeness in a video.

Mantra Films and its owner, Joe Francis, have built a soft-porn empire on enticing young women to pose naked for their racy “Girls Gone Wild” videos, often by allegedly plying them with alcohol. Their attorney admitted he was worried before the trial of Doe's case that their unsavory reputation might count against them.

Doe sued Mantra in 2008 for negligence, invasion of privacy and misappropriation of her likeness after a friend of her husband told him he had seen her in the video “Girls Gone Wild Sorority Orgy.” She was seeking at least $2.4 million in damages for post-traumatic stress and psychological injuries.

But the jury, which deliberated only 90 minutes, bought what was in effect a "blame the victim" defense — that Doe consented to being filmed topless by being in the Rum Jungle bar and dancing for the cameraman. Another patron grabbed the shoulder straps of her tank top and pulled them off her shoulders, causing the top to fall down and expose her breasts.

“Through her actions, she gave implied consent,” jury foreman Patrick O'Brien told the St. Louis Post-Dispatch. “She was really playing to the camera. She knew what she was doing.”

The 26-year-old mother of two said she was “flirting with the camera” but “never, ever planned on crossing the line of being exposed in a sexual manner or being on this DVD. I didn't show my boobs. They did.”

Implied consent is consent that is not formally expressed but can be “manifested by signs, actions or facts, or by inaction or silence which creates an inference that consent has been given.” Most states no longer allow implied consent as a defense in sexual assault cases.

According to Doe, she and her friends were not aware “Girls Gone Wild” was taping at the Rum Jungle when they went there during a night out. While other female patrons consented to being filmed topless, Doe demurred.

“The pulling down of Plaintiff's shirt and filming of her bare breasts by the Defendants invaded Plaintiff's right to privacy,” she alleged in her lawsuit.

The Kansas Supreme Court has found that an employee could not sue Boeing for using a photograph of him posing next to an aircraft in an advertisement because he had impliedly consented to the publication of the photograph by admitting that he thought it “might" be published. Johnson v. Boeing, 262 P.2d 808 (1953).

Mantra attorney David A. Dalton argued to the jury that Doe's consent could also be implied because she never tried to contact the cameraman or the company to tell them not to use her image. But that was a far cry from an admission by Doe that she thought “Girls Gone Wild” might publish her image.

“Other girls said it was OK. Not one other one said, 'No, no,'" Doe's lawyer, Stephen B. Evans, argued. “She is entitled to go out with friends and have a good time and not have her top pulled down and get that in a video.”

Mantra has made about $1.5 million from “Sorority Orgy,” in which Doe appears for about 20 seconds. In another case, founder Francis is being sued in Florida by four minors for abuse and sexual exploitation.

This story linked by:

By Matthew Heller


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U.S. v. Arpaio
Subject: Civil rights
Document: Complaint

Schultz v. Medina Valley
Subject: School prayer
Document: Non-Kumbaya order

Chopourian v. Catholic Healthcare
Subject: Sexual harassment
Document: Verdict

Jackson v. Paula Deen
Subject: Sexual harassment
Document: Complaint

Marsh v. Air Tran Airways
Subject: Roaches on a plane
Document: Complaint



Peterson/Pryde v. Thyden
Court: Montgomery (Va.) Circuit
Subject: Virginia Tech shootings
Verdict: $8 million

Sheridan v. Cherry
Court: L.A. Superior
Subject: Wrongful termination



Brown v. Herbert
Date: 12/16/11
Court: USDC, Utah
Hearing: Motion to dismiss polygamy case