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IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA Russ Diamond,
individually and as Chair of : Pa Clean Sweep, Inc. and Pa Clean Sweep, Inc., : In its own right : Plaintiffs : : v.
: : Bob Nye, individually
and as owner and : Publisher of
uncleansweep.com : Senator John Doe, individually
and in his : official capacity as
a State Senator and : State Representative
John Doe, individually and : in his official
capacity as a State Representative : Defendants :JURY
TRIAL DEMANDED COMPLAINT INTRODUCTION Plaintiff Russ Diamond is a citizen of the United States residing in Annville, Lebanon County, Pennsylvania within the Middle District of Pennsylvania. Plaintiff, Pa Clean Sweep, Inc. is a Pennsylvania political body and non profit corporation founded for the purpose of opposing the midnight pay raise of the Pennsylvania Legislature in July 2005 and fielding candidates in the 2006 Primary and General Elections. Plaintiff Pa Clean sweep, Inc. is headquartered and located in Annville, Lebanon County, Pennsylvania within the Middle District of Pennsylvania. Bob Nye is the creator of the content of a website under the name of uncleansweep.com. Senator John Doe and State Representative John Doe are also involved with the creation and publication of the defamatory statements on uncleansweep.com in a concerted effort to protect their public office. The website appears to have been created by the defendants on or about February 8, 2006. Shortly thereafter the web site published a page which clearly links Pa Clean Sweep, Inc. and Russ Diamond with the fraud and criminal activities of the Enron Corporation and its Chairman Ken Lay. The implication is crystal clear, Pa Clean Sweep, Inc. is a criminal enterprise and Russ Diamond is a criminal. JURISDICTION 1. The court’s jurisdiction is found at 42 U.S.C. § 1983. PARTIES 2. Plaintiff Russ Diamond is a citizen of the United States residing in Annville, Lebanon County, Pennsylvania within the Middle District of Pennsylvania. Diamond is also the chairman of Pa Clean Sweep Inc. 3. Plaintiff, Pa Clean Sweep Inc. is a Pennsylvania non profit corporation founded in 2005 for the purpose of opposing the midnight pay raise of the Pennsylvania Legislature in July, 2005. Plaintiff is also located in Annville, Lebanon County, Pennsylvania within the Middle District of Pennsylvania. 4. Bob Nye, the author of the content of a website owned and operated by him under the name of uncleansweep.com, resides at 683 Rockwood Drive, Elizabethtown, Lebanon County, Pennsylvania and has an office in the State Capitol, Harrisburg, both within the Middle District of Pennsylvania. Nye was employed as an operative by the Republican National Committee in Washington, D.C. and is currently employed by the Pennsylvania House Republican Caucus in Harrisburg. 5. State Senator John Doe ( R) and State Representative John Doe ( R) are public officials with offices at the State Capitol, Harrisburg, Pennsylvania, within the Middle District of Pennsylvania, who are acting in concert with Defendant Bob Nye to publish uncleansweep.com. FACTS 6. On or about February 8, 2006 Defendants created a website with the address www.uncleansweep.com. (See Exhibit A attached hereto) The primary targets of the web page content are Pennsylvania voters, the May 16 Pennsylvania primary, Pa Clean Sweep’s efforts to recruit candidates and Russ Diamond. 7. Shortly thereafter they published pages which link Plaintiffs with the criminal conduct of Enron Corporation and Ken Lay. (See Exhibit B attached hereto). 8. Upon information and belief, Defendants in fact entertained serious doubts as to the truth of the publication. 9. Upon information and belief, Defendants wrote the ad copy and then authorized and paid for the publication of the web pages containing numerous reckless, malicious and unsubstantiated falsehoods relating to Russ Diamond and Pa Clean Sweep, Plaintiffs herein. 10. Among the numerous reckless, malicious and unsubstantiated falsehoods contained therein were the following statements and pictures: A. that Plaintiff Russ Diamond improperly and unethically used Pa Clean Sweep funds for his personal use; (embezzlement) B. that Plaintiff Russ Diamond and Pa Clean Sweep are fraudulently accounting for money raised and spent in their efforts regarding the pay raise; (fraud) C. that Plaintiff Russ Diamond is a criminal involved in schemes similar to the infamous Enron Corporation; (criminal fraud) D. that Russ Diamond was handcuffed and under arrest for criminal activity. E. that Russ Diamond and Pa Clean Sweep regularly associate with thieves, crooks and liars; F. that Pa Clean Sweep and Russ Diamond are involved in a Racketeer Influenced and Corrupt Organizations (RICO) enterprise, (criminal conspiracy) and F. that Pa Clean Sweep is synonymous with the infamy and criminality of Enron Corporation. 11. Defendants’ web pages regarding Plaintiffs herein were made with knowledge that such statements were false and/or with reckless disregard for the truth of same, and defendant acted with malice and wanton disregard of the rights of Plaintiffs. 12. Defendants knew at all relevant times that all of the false and defamatory statements, suggestions, misstatements, innuendos, insinuations and inferences in Defendants advertisements were false. 13. Defendants maliciously and recklessly published the aforementioned statements, suggestions, misstatements, innuendos, insinuations and inferences in Defendants advertisements with outrageous and reckless disregard for the truth. 14. Defendants falsely imputed to Plaintiffs a course of criminal and/or other misconduct and injured Plaintiffs in their profession and otherwise. 15. Defendants’ false statements and their implications were libelous, per se. 16. Under Pennsylvania law, “a person
commits an offense if he applies or disposes of property that has been
entrusted to him as a fiduciary, or property of the government or of a
financial institution, in a manner which he knows is unlawful and involves
substantial risk of loss or detriment to the owner of the property or to a
person for whose benefit the property was entrusted.” 18 Pa. C. S.A. § 4113.
17. Under Pennsylvania law, “a person is guilty of bribery, a felony of the third degree, if he offers, confers or agrees to confer upon another…any pecuniary benefit as consideration for the decision, opinion, recommendation, vote or other exercise of discretion as a public servant…by the recipient…” 18 Pa. C.S. § 4701(a)(1). 18. Under Pennsylvania law, “a person is guilty of bribery, a felony of the third degree, if he offers, confers or agrees to confer upon another…any benefit as consideration for a violation of a known legal duty as public servant…” 18 Pa. C.S. § 4701(a)(3). 19. Under Pennsylvania law, “a person is guilty of conspiracy with another person or persons to commit a crime if the intent of promoting or facilitating its commission he…agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime…” 18 Pa. C.S. § 903(a)(1). 20. Under Pennsylvania law, “a person is guilty of conspiracy with another person or persons to commit a crime if the intent of promoting or facilitating its commission he…agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime…” 18 Pa. C.S. § 903(a)(2). 21. Neither a political campaign nor an Internet political blog offers justification or privilege to publish falsehoods about Plaintiffs. 22. The Pennsylvania Constitution, Article 1, DECLARATION OF RIGHTS, states, inter alia, “The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty.” (Emphasis added). Defendants have irresponsibly abused their liberty at the expense of Plaintiffs’ good names and professional reputations. COUNT ONE-
DEFAMATION, LIBEL AND FALSE LIGHT REPRESENTION 23. Plaintiffs incorporate paragraphs 1 to 22 as if set forth fully herein. 24. Plaintiffs’ reputations are damaged daily by Defendants’ publications which commenced on or about February 8, 2006. 25. Plaintiffs’ reputations are damaged by the false light with which the Defendants’ words and pictures portray tem as criminals.. 26. Plaintiffs reputations are damaged by the libelous nature of the words and pictures which clearly suggest crimes are being committed by Plaintiffs and the obvious negative implications of Enron’s criminality placed upon them in particular. 27. Defendants’ aforementioned statements, suggestions, misstatements, innuendos, insinuations, pictures and the inferences therefrom published in their web pages are defamatory and libelous, per se in that they falsely attribute criminal, unethical, immoral and improper conduct to Plaintiffs and published by defendants with the knowledge of their falsity and/or with reckless disregard as to their truth or falsity. WHEREFORE, Plaintiffs demand judgment against all Defendants, individually and jointly and severally for compensatory damages in excess of $150,000 and punitive damages and the costs of this action. COUNT TWO- VIOLATION OF CIVIL RIGHTS OF PLAINTIFFS 28. Plaintiffs incorporate paragraphs 1 to 27 as if set forth fully herein. 29. Defendant Bob Nye, in agreement with and at the direction of Defendants State Senator John Doe and/or State Representative John Doe, individually and in their official capacities as elected state officials have defamed, libeled and painted Plaintiffs in a false light by comparing them with the criminal misdeeds of Enron Corporation and Kenneth Lay. 30. Defendants knew at all relevant times that all of the false and defamatory statements, suggestions, misstatements, innuendos, insinuations and inferences in Defendants web pages were false. 31. Defendants maliciously and recklessly published the aforementioned statements, suggestions, misstatements, innuendos, insinuations and inferences in Defendants web pages with outrageous and reckless disregard for the truth. 32. Defendants have performed this character assassination of Plaintiffs hoping to effect the voting in the May 16 Pennsylvania Primary for various state offices including State Senator and State Representative where Pa Clean Sweep has fielded over 81 candidates in opposition to Defendant elected officials and their cohorts. 33. Defendant elected state officials using the power of their office and under color of state law impermissibly interfere with Plaintiffs’ right to vote, field candidates for election to public office, run for public office, free speech and equal protection of the law under both the Pennsylvania and United States Constitutions. WHEREFORE, Plaintiff demands a trial by jury and judgment from the Court as follows: 1. Find in favor of Plaintiffs against Defendants and award compensatory damages in excess of $150,000.00 and punitive damages. 2. Order Defendant s to pay an award of attorney fees and costs to plaintiffs pursuant to the authority under 42 U.S.C. Section 1988(b). 3. Order any other relief deemed reasonable and appropriate by the Court. Respectfully submitted, ________________________________ LAWRENCE M. OTTER, ESQUIRE ATTORNEY FOR PLAINTIFFS Attorney ID No: 31383 PO BOX 2131 Doylestown, PA 18901 215-230-5330
EXHIBIT A
EXHIBIT B | ||||||||||||||||||||||||||
