Blog Archives
After Stealing My Word Press Identity, Former Writer Threatens To Have This Blog “Shutdown”
I’m cross-posting here from the flightattendant blog because the threat made by Santiago Rodriguez pertains to this blog.
Santiago Came To Me Asking For Help
In May 2014, a man named David Piercy filed for a restraining order against Santiago Rodriguez. The court granted Piercy a temporary restraining order against Santiago. There was a hearing scheduled for a ruling on the permanent restraining order. As I understand it, there were exchanges on Twitter where Santiago became aware that bloggers and others had allegedly been harassed by Piercy. Someone pointed Santiago in my direction and he reached out to me.
Subsequently, Santiago asked that I put his name on the border of my blog, We Hold These Truths To Be Self-Evident, as a writer. This is how it happened …
Attorney Disciplinary Commission Takes On Complaint of Harassment
Cross posted from flightattendantfailures.wordpress.com.
Harassment by electronic means is an issue now before the Illinois Attorney Registration and Disciplinary Commission.
The case is pending, but I’m reporting on it because the attorney has admitted that she “…regrettably sent…” the subject communications. The attorney has denied that she did so for the purpose to embarrass, delay or burden the employees of the firm that contracted with her.
The purpose of the attorney disciplinary process is not to punish the attorneys for misconduct, but to safeguard the public, maintain the integrity of the profession and protect the administration of justice from reproach.
The attorney is Cynthia Jean Koroll, who has been licensed to practice law in Illinois since November 2001. The practice of law is her third career after serving in the military, being a registered nurse, and teaching nursing for a university. Read the rest of this entry
Legal Tuesday – Emoticons In Electronic Communications
In the video below, attorney David Allen explains that the courts examine the context of communications to determine whether emoticons have meaning. This is very interesting seeing that more and more people are turning to the courts to resolve harassment that is committed using electronic communications.
The Psychology Behind Cyber-Harassers
iPredator Inc. is a New York State based Information Age Forensics Company founded to provide educational and advisory products & services to online users, consumers and organizations on cyber bullying, cyber harassment, cyber-stalking, cybercrime, internet defamation, cyber terrorism, online sexual predation and cyber deception. Created by a NYS licensed psychologist and certified forensic consultant, Michael Nuccitelli Psy.D., C.F.C., their goal is to reduce victimization, theft and disparagement from online assailants.
The organization has conducted studies and provides definitions and descriptions for those who use information and communications technology (ICT) to harm others.
An ICT Predator is a person or group that directly or indirectly, engages in exploitation, victimization, coercion, stalking, theft or disparagement of others using Information and Communications Technology (ICT). iPredators are driven by deviant fantasies, desires for power and control, retribution, religious fanaticism, political reprisal, psychiatric illness, perceptual distortions, peer acceptance or personal gain.
Michael Nuccitelli of iPredator Inc, believes that cyber-harassers are usually motivated by a need for peer acceptance and/or power and control. The most malevolent feels minimal remorse for the harm they are inflicting upon the target. Read the rest of this entry
Friday Fill-Up -Standing Strong Against Cyber-Extortionists
Nothing would give me more pleasure than to share some personal things with you about myself. I’m restrained from doing so because of people who take anything I say, twist it, and then go on doxxing expeditions. Be aware – any attempts of defamation that can only point to “evidence” written by the person or one of their minions. Their evidence cannot be trusted.
Ask them how they know the name they purport is the person’s real name, and they won’t be able to point to any “evidence” other than what another one of them has written.
Well, I’m going into this because since one cyber-extortionist was unsuccessful in his copyright infringement claims, and unsuccessful in getting a court ordered restraining order against a person he harassed, numerous people are being attacked for associating together. Read the rest of this entry
Zimmerman v. NBC – Motion to Dismiss
WARNING: This article contains images and words that some might find offensive.
Reading NBC’s motion to dismiss was fairly easy. Trying to make sense out of Zimmerman’s reply was not so easy.
NBC Universal has petitioned the court to dismiss Zimmerman’s lawsuit for four reasons;
(1) he has failed to comply with Florida’s retraction statute, which precludes his claims with respect to one of the five broadcasts he challenges;
(2) he is a public figure who cannot carry his burden of demonstrating, by the clear and convincing evidence required by the First Amendment, that any of NBC’s reports were broadcast with a high degree of awareness of their probable falsity, or, indeed, that they are false in any material respect;
(3) he cannot demonstrate that the NBC broadcasts caused the debilitating damages to his reputation and well-being that he claims are attributable to NBC; and
(4) he has, for these and other reasons, failed to state a claim for intentional infliction of emotional distress.
Just a few thoughts …
If the person claiming defamation names a party as defendant who was not notified to retract, that party cannot be sued. In their motion to dismiss, NBC raises a good argument on that issue. Zimmerman’s attorneys will need to petition the court for leave to file an amended complaint if they want to cure that deficiency.
It is Florida, and I am unfamiliar with most of Florida’s Rules of Civil Procedure. However, when it concerns motions to dismiss or motions for summary judgment that are filed before discovery, there is a general understanding that I’ve learned. That is, if the party who did not file to dismiss the case wants to conduct discovery, it has to request the court to stay the motion to dismiss before filing a reply to the motion to dismiss.
There is also a general understanding that when responding to a motion to dismiss or motion for summary judgment, that the party cannot rely on allegations in their complaint as evidence that a genuine issue of material fact exists. When a genuine issue of material fact is disputed, courts deny motions to dismiss and for summary judgment so a jury can decide the issue. Beginning around page 68, Zimmerman’s lawyers rely on his complaint as evidence that a genuine issue of material fact exists. That’s a no-no that can have that entire portion of their pleading stricken or that issue denied by the court. Yes – the court can grant in part, and deny in part.
Based on the reply filed by Zimmerman’s attorneys, they argued that they needed to conduct discovery and amend his complaint, but did not ask the court for that relief. Read the rest of this entry
Discussion with Danny – Part 1 – The “BGI.”
On December 31, 2013, and by my invitation, Danny Warrior visited and posted several comments. He was invited to dispel accusations by a harasser that he is my “mole.” I promised him that after the first of the year we would continue discussion.
This post is under the Potpourri category and menu. If it should scroll off “Recent Posts,” just go to the top menu under “Potpourri” to find it.
Danny,
I do appreciate your willingness to discuss and to do it here on this blog. It bothers me that you closed your blog because of the malicious harassment and lies. Others have done the same, or made their blog private, or disallowed comments because of the same people and their malicious lies to work their agenda to slander.
The following is one of your comments and serves as a good basis to start. I had asked you about the “BGI.” (Danny, if you believe we should start on another issue, let me know.) Read the rest of this entry