Suit filed against local Web site
 |
| Joseph Glen Dauben |
Ex-official seeks damages for election law violations; defamation
By JOANN LIVINGSTON
Daily Light Managing Editor
Former
Palmer City Council member Mike Greenlee and another Palmer man, John
Templer, have filed a defamation lawsuit relating to a Web site set up
regarding the May municipal election.
Greenlee and Templer, who are represented by Waxahachie attorney Jason Willett, are suing Joseph Glen Dauben, according to documents filed with the district clerk’s office.
The lawsuit also alleges Dauben violated a criminal provision of the Texas Election Code.
“In accordance with the Texas Election Code and simultaneously with the filing of this action, the conduct has been referred to the Ellis County and District Attorney’s Office for investigation,” the lawsuit reads, noting also that a temporary injunction is being sought relating to the Web site.
“The defendant, in connection and cooperation with an as of yet unknown group of co-conspirators, have falsely and maliciously established a Web site designated as www.mikegreenlee.com,” the filing reads, noting the site is “clearly set up in the first person, as if written by Mike Greenlee himself and urges readers to ‘contact the campaign’ and states, ‘I (Mike Greenlee) welcome input, suggestions and other feedback on how to best serve you.’ ”
The Web site claims to be the “home of the re-election campaign for Palmer, Texas, councilman Mike Greenlee,” the lawsuit states, noting that, with the exception of the word “not” in the last sentence of the site, there is “no indication … that the Web site is anything other than a campaign advertisement.”
In asserting defamation, the lawsuit notes that the Web site provides several links to documents that defame Greenlee “and clearly intend to injure him as a candidate for office.”
The Web site falsely designates Templer as Greenlee’s treasurer and seeks to falsely implicate him in wrongdoing as well, according to the lawsuit.
“This Web site and the false allegations therein are: 1) a blatant misappropriation of the identities of plaintiffs; 2) designed and promulgated with direct knowledge of the falsity of the statements made; and 3) a blatant attempt to smear and tarnish the reputations and character of plaintiffs,” the lawsuit reads. “The defendant has gone so far as to post a link of the mikegreenlee.com Web site on his own political Weblog Web site to encourage and solicit viewers of that page to view the false, criminal advertisement.”
In their lawsuit, Greenlee and Templer state their belief that other people helped Dauben with the Web site, which they said is based “on the direct statements of the defendant.”
“Plaintiffs anticipate, upon discovery of the persons involved, that they will be added as defendants herein,” the lawsuit reads.
Election law
violations alleged
Greenlee and Templer have asserted several causes of action in the lawsuit, including one under the Texas Election Code.
“The defendant and his co-conspirators have committed a crime,” the lawsuit reads, citing Texas Election Code Section 255.005, Misrepresentation of Identity.
According to the election code, “A person commits an offense if, with intent to injure a candidate or influence the result of an election, the person misrepresents the person’s identify or, if acting or purporting to act as an agent, misrepresents the identity of the agent’s principal, in political advertising or a campaign communication.”
A violation of Texas Election Code Section 255.055 is a class A misdemeanor.
“A person cannot present a ‘campaign advertisement’ while posing as an actual candidate,” the lawsuit reads. “There is no exception for satire or parody or jokes or good fun. If there were such exceptions, candidates (or more likely their ardent supporters) would constantly engage in the process of pretending to be the other candidate during the election process – all under the guise of some subtle disclaimer or veil of satirical political expression.
“The election process would be chaotic and the electorate would be easily confused by the various misrepresentations,” the lawsuit reads. “Accordingly, much like a false declaration of ‘fire’ in a crowded theater designed to incite panic, the Legislature has banned this type of activity. This is a per se misrepresentation of the identify of the plaintiffs by the defendant for which the plaintiffs now sue.”
The lawsuit also notes as a cause of action, “invasion of privacy/misappropriation of name or likeness,” citing a common law claim “that the defendant Joseph Glen Dauben used the plaintiffs’ names for his own benefit. The value of plaintiffs’ name has been damaged as a direct result of the defendant’s conduct for which they now sue.”
The lawsuit cites defamation as a cause of action, saying Dauben did so “by virtue of the false statements of fact made about the plaintiffs and published by the defendant. Such statements were made with knowing disregard of their falsity and are the proximate cause of damages to plaintiffs for which they now sue.”
The lawsuit cites civil conspiracy as a cause of action, saying Dauben and “his unnamed conspirators have engaged in wrongful and fraudulent conduct with the intended result of misrepresenting the names and identities of plaintiffs for their personal gain. Once uncovered, the additional persons involved in this action with defendant will be added as parties to this action.”
Greenlee and Templer are seeking actual and compensatory damages. They also are seeking exemplary damages, according to the lawsuit, which reads, “The wrong done by the defendant was aggravated by the kind of criminal conduct and fraud for which the law allows the imposition of exemplary damages.
“Further, defendant’s wrongful conduct was and is malicious, willful and wanton,” the lawsuit reads. “Plaintiffs therefore seek exemplary damages in an amount to be determined by the jury but far in excess of this court’s minimum jurisdictional amount.”
Injunction sought
The temporary injunction sought in coordination with the lawsuit requests several court orders relating to the Web site, including that Dauben and any others involved be enjoined from purporting or pretending to be either Greenlee or Templer and that they be prohibited from making any defamatory or disparaging remarks about the two plaintiffs.
Also among the court orders sought is that Dauben and any others be enjoined from destroying or tampering with any records relating to the Web site.
The case will be heard in 40th District Court, Judge Gene Knize presiding.
E-mail JoAnn at joann@wninews.com
Greenlee and Templer, who are represented by Waxahachie attorney Jason Willett, are suing Joseph Glen Dauben, according to documents filed with the district clerk’s office.
The lawsuit also alleges Dauben violated a criminal provision of the Texas Election Code.
“In accordance with the Texas Election Code and simultaneously with the filing of this action, the conduct has been referred to the Ellis County and District Attorney’s Office for investigation,” the lawsuit reads, noting also that a temporary injunction is being sought relating to the Web site.
“The defendant, in connection and cooperation with an as of yet unknown group of co-conspirators, have falsely and maliciously established a Web site designated as www.mikegreenlee.com,” the filing reads, noting the site is “clearly set up in the first person, as if written by Mike Greenlee himself and urges readers to ‘contact the campaign’ and states, ‘I (Mike Greenlee) welcome input, suggestions and other feedback on how to best serve you.’ ”
The Web site claims to be the “home of the re-election campaign for Palmer, Texas, councilman Mike Greenlee,” the lawsuit states, noting that, with the exception of the word “not” in the last sentence of the site, there is “no indication … that the Web site is anything other than a campaign advertisement.”
In asserting defamation, the lawsuit notes that the Web site provides several links to documents that defame Greenlee “and clearly intend to injure him as a candidate for office.”
The Web site falsely designates Templer as Greenlee’s treasurer and seeks to falsely implicate him in wrongdoing as well, according to the lawsuit.
“This Web site and the false allegations therein are: 1) a blatant misappropriation of the identities of plaintiffs; 2) designed and promulgated with direct knowledge of the falsity of the statements made; and 3) a blatant attempt to smear and tarnish the reputations and character of plaintiffs,” the lawsuit reads. “The defendant has gone so far as to post a link of the mikegreenlee.com Web site on his own political Weblog Web site to encourage and solicit viewers of that page to view the false, criminal advertisement.”
In their lawsuit, Greenlee and Templer state their belief that other people helped Dauben with the Web site, which they said is based “on the direct statements of the defendant.”
“Plaintiffs anticipate, upon discovery of the persons involved, that they will be added as defendants herein,” the lawsuit reads.
Election law
violations alleged
Greenlee and Templer have asserted several causes of action in the lawsuit, including one under the Texas Election Code.
“The defendant and his co-conspirators have committed a crime,” the lawsuit reads, citing Texas Election Code Section 255.005, Misrepresentation of Identity.
According to the election code, “A person commits an offense if, with intent to injure a candidate or influence the result of an election, the person misrepresents the person’s identify or, if acting or purporting to act as an agent, misrepresents the identity of the agent’s principal, in political advertising or a campaign communication.”
A violation of Texas Election Code Section 255.055 is a class A misdemeanor.
“A person cannot present a ‘campaign advertisement’ while posing as an actual candidate,” the lawsuit reads. “There is no exception for satire or parody or jokes or good fun. If there were such exceptions, candidates (or more likely their ardent supporters) would constantly engage in the process of pretending to be the other candidate during the election process – all under the guise of some subtle disclaimer or veil of satirical political expression.
“The election process would be chaotic and the electorate would be easily confused by the various misrepresentations,” the lawsuit reads. “Accordingly, much like a false declaration of ‘fire’ in a crowded theater designed to incite panic, the Legislature has banned this type of activity. This is a per se misrepresentation of the identify of the plaintiffs by the defendant for which the plaintiffs now sue.”
The lawsuit also notes as a cause of action, “invasion of privacy/misappropriation of name or likeness,” citing a common law claim “that the defendant Joseph Glen Dauben used the plaintiffs’ names for his own benefit. The value of plaintiffs’ name has been damaged as a direct result of the defendant’s conduct for which they now sue.”
The lawsuit cites defamation as a cause of action, saying Dauben did so “by virtue of the false statements of fact made about the plaintiffs and published by the defendant. Such statements were made with knowing disregard of their falsity and are the proximate cause of damages to plaintiffs for which they now sue.”
The lawsuit cites civil conspiracy as a cause of action, saying Dauben and “his unnamed conspirators have engaged in wrongful and fraudulent conduct with the intended result of misrepresenting the names and identities of plaintiffs for their personal gain. Once uncovered, the additional persons involved in this action with defendant will be added as parties to this action.”
Greenlee and Templer are seeking actual and compensatory damages. They also are seeking exemplary damages, according to the lawsuit, which reads, “The wrong done by the defendant was aggravated by the kind of criminal conduct and fraud for which the law allows the imposition of exemplary damages.
“Further, defendant’s wrongful conduct was and is malicious, willful and wanton,” the lawsuit reads. “Plaintiffs therefore seek exemplary damages in an amount to be determined by the jury but far in excess of this court’s minimum jurisdictional amount.”
Injunction sought
The temporary injunction sought in coordination with the lawsuit requests several court orders relating to the Web site, including that Dauben and any others involved be enjoined from purporting or pretending to be either Greenlee or Templer and that they be prohibited from making any defamatory or disparaging remarks about the two plaintiffs.
Also among the court orders sought is that Dauben and any others be enjoined from destroying or tampering with any records relating to the Web site.
The case will be heard in 40th District Court, Judge Gene Knize presiding.
E-mail JoAnn at joann@wninews.com
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