Young v. Facebook, Inc.

Filing 20

EXHIBITS re 19 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed byFacebook, Inc.. (Related document(s) 19 ) (Avalos, Julio) (Filed on 8/24/2010)

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Young v. Facebook, Inc. Doc. 20 EXHIBIT 1 Dockets.Justia.com 1 2 3 A C a s eName: C a s e#: FILED Santa llara [nuntv 07 /30/10 3:S4prir D a v i d Ynmasnl:i H. ibatrtr nfl K a r e nBethYoung P . O .Box2335 S a nJose,California 95109 301-991-1937 S e l fRepresented u h i . e fExecutrve fleEr [f B y : nfLnrescd nT5[iU01011 R#I01000082b0? htf] TL $J55.00 f , n s e :1-10-[t/-178574 5 6 7 I 9 t_0 11 1_2 IJ acs 04,16^f,foa S U P E R I OCOURT CALIFORNIA R OF C O U N T Y SANTA OF CLARA U N L I M I T EJURISDICTION D K A R E N BETH YOUNG Plaintiff And F a c e b o o k .lNC. Defendant c a s e N o11OCV178sz .: PLEADING TITLE: C O M P L A I NFORDAMAGES T AND t 1A TEMPORARY AND PERMANENTINJUNCTIONS 15 TO t7 18 19 20 2L 22 23 Judge: Dated this Julv30.2010 25 zo a1 28 [ S u n u n a r y of pleading] - l- T H EPARTIES 2 resident California this of at KarenBethYoungis a resident Maryland a temporary and 1 . Plaintiff of to into with Defendant February in 2010agreeing termsof legal t i m e .Plaintiff entered a contract p r o c e d u r e SantaClaraCounty, in California. 2 . Defendant Facebook a corporation under lawsof the stateof the is organized existing and placeof business PaloAlto,California. with its principle Delaware in 7 8 9 10 11 L2 13 1.4 15 ao J U R I S D I C T I OANDVENUE N 3 . The Superior CourtOf California jurisdiction thisactionby virtueof Calilornia has over Codeof Civil P r o c e d u r("CCP") e 410.10 CCP 428J0. and pursuant CCP395(a) CCP395.5.The parties 4 . Thisvenueis alsoproper to and entered a into principle placeof business SantaClaraCounty. c o n t r a cwiththe Defendants t in FACTUAL HISTORY 5 . Plaintiff contracted Facebook February with in 2010. Plaintiff so in orderto socialize did and connect withbothfriends and strangers onlinein a safeand secure environment according the law. to Attached heretois Exhibit a trueand correct A copyof Statement Rights of and Responsibilities. Section 1 8 titledOther,numbers & 7 speakto this. Additionally, 3 Facebook violated has theirtermsof a g r e e m e n t notenforcing by theserights andresponsibilities fairandequitable in a manner.Notably, F a c e b o o k not adhered theirobligations forthin Section titledSafety, has to set 3 numbers 6,7,10, and 1 2 . AndSection titledProtecting 5 OtherPeople's Rights, numbers & 4. 1 6 . Facebook advertises be the mostpopular to socialwebsite the world. lt alsoadvertises users in for t o connect withfriends, strangers, others or theymeetin orderto forgerelationships. Facebook a has f o u n d a t i o n theyclaimis representative company that principles. of Attached heretois Exhibit a true B a n d correct copyof Facebook Principles. Specifically, Facebook notadhered sections has to 1 , 2 , 3 , 4 , 5 , 7 ,and 10 of thisagreement. 8, Also,attached hereto Exhibit a trueandcorrect is C copyof Facebook's Privacy Policy. Facebook violated has theirtermsof agreement not enforcing by these p r i n c i p l ein a fairandequitable s manner. 7 . Facebook beganin 2004and has undergone pacedgrowth fast thathas not beenconducive to t h e civilrightsand sensitivities all individuals disabilities. of with Plaintiff a bipolar has emotional I'7 1"8 19 20 2I 22 23 24 25 zo 27 28 l S u n m a r y of pleadingl d i s a b i l i t y .Facebook does not provideany help or assistance peoplewith this disability.Rather, to a F a c e b o o khas a limitedand restrictivepage that mentionsvisual and physicaldisabilitieslocated a t . http://www.facebook.com/home.php?#!/helo/?paoe=440. sought human interactionand Plaintiffhas a s s i s t a n c eregardingher accounton many occasions,with no responseeither prior to or after her a c c o u n tdeactivation. Plaintiflhas sent numerousemails that were unanswered. Plainfiffhas made ? 5 '7 n u m e r o u stelephonecalls to Facebookheadquarters, of which were answered as computervoice all m e s s a g i n gwith instructions send more emails. Facebookheadquarlerstelephonerecordingstates to t h e y are an internetbasedcompanyso everything must be handledonlineby sendingan email. 9 l-0 11 I2 1? However, allemailsare not responded and are one way in communication. to 8. Facebookhas failed to comply with Title lll of the American DisabilityAct. Facebookdoes not p r o v i d e reasonableaccommodations assistanceto individualswith disabilities. Facebookis a place of or p u b l i caccommodation with operationsthat affect commerce. And, a place that facilitatespublic g a t h e r i n g sentertainment, publicdisplay. However,at no time has Facebookshownregardfor the , and f o l l o w i n g terms of the Plaintiff: in l l F 3 . 2 o 0 0 Denial of participation. The ADA prohibitsdiscriminatory denial of servicesor benefitsto individuals with disabilities. 1A 15 16 I7 18 19 20 21, l l l ' 3 . 3 0 0 0Equalityin participation/benefits. ADA mandates equalopportunity participate The an to in b e n e f ifromthe goodsand services t offered a placeof public by accommodation, l l l ' 3 . 4 0 0 0Separate benefiUintegrated setting.A primary goalof the ADA is the equatparticipation of i n d i v i d u awithdisabilities the "mainstream"American ls in of society. l l l ' 4 . 2 1 0 0General. publicaccommodation reasonably A must modifyits policies, practices, or t o avoiddiscrimination. 23 T h e s ebusiness outlines reasonable assume be in placegivenFacebook's are to to statusin society. Facebook shouldknowthatthereare a largepercentage people of withvarying typesof disabilities that 25 zd u s eFacebook.Giventh.is, Facebook's actions havebeenmisleading immoral.All people and shouldbe f r e efromcyberbullying cyberharrassment and whether be by a business it suchas Facebook by its or u s e r s ' Moreso, Plaintiff should haveto statethat she hasa disability orderto attainher not in z6 [ S u n u n a r y of pleadinq] \ r e a s o n a b l erights and access that should have already been in place by Facebook. Plaintiffsright t o personalprivacy has been offendedand lost. 9. Facebook has uncleanhands in its inefficient and hurtfulhandlingof the Plaintiffsaccount by s h o w i n ga lack of regard and carelessconduct. Plaintiffmade ongoingattemptsfor assistanceonly to h a v e her account disabled. Plaintitfdrove from the east coast to FacebookHeadquarters which time at s h e met with a receptionist who said she was not authorized give her name. Plaintiff to was told to fillout a form and someone would contacther online becausenobody could meet with her in person or talk to h e r on the telephone. Plaintiffeventuallyreceivedan email saying her accountwas reinstated. Direcily t h e r e a f t e rPlaintiff , sent an emailonce againaskingfor help and requesting information proper regarding 10 11 o r improperprocedure. No responsewas emailedback and Plaintiffdrove back to the east coast with a c c o u nenabled.Two daysafterarriving Maryland, t in Plaintiff's account was onceagaindisabled with e x p l a n a t i oas to why. Attached n heretois Exhibit a trueand correct D copyof emailcorrespondence. P l a i n t i fdroveto California a second f for timeand is dealing withsuffering related all aspects to of 1,2 1-4 l5 hardship. 1 0 . Plaintiff originally up her personal set account KarenBethYoung interact as to withfamily, friends a n dstrangers.BothPlaintiffs mother andsisterare fighting breast cancer andshe hasa deepconcern I7 f o r all people dealing withthe cancer cause/disease. Plaintifl up two otherpagesrelating cancer set to f o r communication discussion. and These pages two weretitled following: the "Cancer Forum,'and "Cartesian PlaneForThe Cure." Bothof thesepageswereestablished legitimately through Karen the B e t hYoungaccount withthe Plaintiff administrator. as The Cancer Forum was moreof a generalsite t h a temphasized casualandfun topicsto include triviaqueslion the day. The Cartesian planeFor a of T h e Curesitewas moretechnical nature.The CPFTC in wasgeared towardmathematics other and i n f o r m a t i ospecific cancerresearch. n to The Plaintiff enjoys fieldof mathematics sought the and to e n c o u r a gand inspire e hopein others whowereterminally illwiththesite. Mathematical research an has o l d but newrealmof understanding regard tumorgrowth.Things in to suchas differential equations and numerical analysis beingutilized helptailordifferent are to treatment options the cancer in field. Plaintiff s e n t "friendvites" others who she believedto be sincere in the cancer cause, and accepted to 18 I9 20 21, 22 23 24 25 zo z6 f r o mothers who requested her. The Plaintiff thisopenlyand honestly did describing exactsituation her l S u m m a r y of pleadingl \ a l l ,to include personal her information information the cancer and on sites. Plaintiff welcomed comments a n dotherspostson the pagesas longas theywererelevant cancer. In so doing,Plaintiff to started to establish someverysincere relationships. Albeitonline, theyweregenuine and heartfelt.Plaintiff has always considered Facebook all friends be realfriendsregardless the obvious to geographical of s h o r t c o m i n g s . Plaintiffs The KarenBethYoungpagegrewandshe wastoldof a maximum amount of 5 0 0 0friends. Plaintiff upsetaboutthisfor manyreasons wasforcedto set up lhe required, was and and l e s spersonal, KarenBethYoung- PublicFigure pagethatFacebook requires. pageis Thissecondary u n l i m i t e d friends for withno 5000cap,but it doesnot offermanywarmer, interpersonal features can that b e moremeaningful birthdays. like Additionally, pageto speakout against Plaintiff started petition a this 10 11 petition t i t l e d ,"JoinKaren, Facebook No To 5000Friends." Say The day afterthe petition pagewas s t a r t e dthe Plaintiffs , complete account cancerpagesweredisabled.Plaintilf and sentnumerous emails r e g a r d i n g relationships hadbeenaffected include terminal general the that to the and healthnature of t h e m . Eventually, Plaintiff received emailfromFacebook an stating thather account was permanenfly disabled withno rightof an appeal and no rightto speakto anyone without explanation. any Future emails and phonecallsto Facebook wereneverresponded Following, to. Plaintiff droveacrosscountry 1-2 13 1A 15 1,7 l-8 19 t o Facebook headquarters seekhelpin person all involved. to for personal T h e Plaintiffs KarenBethYoungpagecontained approximately 4,300people, CancerForum the planeForThe Curepage p a g econtained approximately 1,600people, Cartesian the contained approximately 2,700people, KarenBethYoung- PublicFigure the pagecontained a p p r o x i m a t e l1,100people, the JoinKaren, y and petition Facebook No To 5000Friends Say page contained approximately people.Attached 125 heretois Exhibit a trueandcorrect E copyof a notorized c o p yof an AUTHORIZATION RELEASE FACEBOOK FOR OF ACCOUNT INFORMATTON to sent D e f e n d a n t USmail. via 1 1 . Plaintiff was subjected extensive, lo hateful actions whenshe cameacrossa hatepagethat s h esawadvertised whichprayed death. The pageis tifled"DEARLORD, for THISYEARyOU TOOK M Y FAVORITE ACTOR, PATRICK SWAYZIE. YOUTOOKMY FAVORITE ACTRESS, FARAH F A W C E T TYOUTOOKMY FAVORITE . SINGER, MICHAEL JACKSON. IJUSTWANTED LET TO 20 2L 22 23 .A 25 zd 27 z6 [ S u m m a r y of pleading] - 5 Y O U KNOW, MY FAVORITE PRESIDENT lS BARACK OBAMA. AMEN'and the Facebook page is l o c a t e d at the web address listed below. http://www.tacebook.comipaqes/DEAR-LORD-THIS-YEAR-YOU-TOOK-MY-FAVORITE-ACTOR-PATRICKSWAYZIE-YOU.TOOK-MY.FAVORITE-ACTRESS.FARAH-FAWCETT-YOU-TOOK.MY.FAVORITE-SINGERMICHAEL-JACKSON-I-JUST.WANTED-TO-LET-YOU-KNOW-MY-FAVORITE.PRESIDENT-IS-BARACK-OBAMA. A M E N / 11 1712585523370?ref=share P l a i n t i fwassubjected hatred, f pornography, violence to violence, discrimination, threats, kkk, and p e r s o n aattacks l whenshe spokeout against page. Additionally, profile picture the time the her at d i s p l a y e d holding babywithher sisterin church.The Plaintiffs her a picture was reposted the baby with 1n a s a giantpenisshooting spermin her sisters face. Plaintiff signed complaint a aboutthe pageand to it. grouppraying Presi to facebook for i o i n e da petition remove Thispageis titled,"Petition remove O b a m a ' s death" and is locatedat h t t p : / / w w w . f a c e b o o k . c o m / q r o u p . p h p ? o i d = 1 2 1 2 3 6 7 8 1 2 2 3 2 7 5Not f = s h a r e joining the petitionpage, & r e long after P l a i n t i f f saccountwas modifiedand Plaintiffwas no longer permittedto access the petitionpage at a l l . The hate page has just over a million people on it while the petitionto removethe hate page has j u s t under a million people on it. This hate page regularlydisplaysand engages in direct violationsof the F a c e b o o kterms and United States law. l1 I2 13 I4 Tf l-b 1,7 18 1-9 1 2 . Facebook violated has Plaintiff's FirstAmmendment rightsby bothactionand inaction. civil Law U . S . C .1983provides rightssecured thefederalConstitution federallaw. "42 U.S.C.1983 for by and m a k e sunlawfulthe deprivation any right,privilege, immunity of or secured the United by States C o n s t i t u t i oor laws." Facebook deprived n has Plaintiff FirstAmendment privileges of rights, and i m m u n i t i e s , wellas allowed the interference Plaintiffs rights as tor of civil through approval useof the and t h r e a t sintimidation, , coercion violence Facebook. Chaplinsky NewHampshire U.S. and on In V. (31S 5 6 8 :1942), courtheldthatsomespeech, the notably which obscene, that is libelous, insulting, not and is 20 2L 22 23 25 26 p r o t e c t e d the FirstAmendment. by The courtruledthat socialinterest orderand morality in outweighed offensive speech thatwas harmful.The FirstAmendment permits stateto bana ,'true also a t h r e a t . "Truethreatsencompass statements whichthe speaker in means communicate serious to a 28 [ S u m m a r y of pleading] - 6 t e x p r e s s i oof an intent commit actof unlawfulviolencea particular n to an to individual groupof or i n d i v i d u a l sFacebook the prayer deathhatepageviolates governing . and for the statutes. 1 3 . Plaintiffs Amendment rights alsoprotected CivilCode 117A.10 First civil are by and 1174.11. Additionally, Code51.7and52.1seekto protect Civil Plaintiffs rights against civil violations. C o n s t i t u t i o n a l rightsare governed the Tom BaneCivilRights civil by Act. Plaintiff spokeout on behalfof t h e FarrahFawcett and Patrick families Swayze battlewithcancer wellas the entityof lifeas a whole. as I n retaliation, Plaintitf threatened harassed Facebook. was and on Facebook knowingly has and ongoingly allowed usersto intentionally violate constitutional statutory and rightsof Plaintiff other and i n d i v i d u a l sAddtionally, . Facebook madeno attempt whatsoever effectively to communicate Plaintiff with 10 11 L2 problems concerns.Despite regarding account and this,nothing CivilCode52.1requires showing in any o f actualintentto discriminate supported IVenegasV. County LosAngeles as by (2004)32 Cal.4th of 8 2 0 , 8 4 111 Cal.Rptr. 692,87P.3d1 l. Plaintiff a right lullandequalaccommodation , 3d has to without gestures threats violence. comments, or of 1 4 . Facebook violated has Plaintiffs Fourteenth Amendment rightsby bothaction and inaction.The F o u r t e e n t Amendment h prohibits deprivation liberty property the of or without due process law. of P l a i n t i fhas beendenied f privileges immunities. equalprotection, protection granted and "Equal is by I S e c t i o n of the Fourteenth Amendment the United to States Constitution, by California and Constitution, a r t .l, 7 (a),as limited California by Constitution, l, 31. Theprotection privileges immunities art. of and in s t a t elaw is governed Section of the Fourteenth by I Amendment the United to States Constitution. and California Constitution, l, 7 (b)." art. 1 5 . Plaintiff mailed certified letters Facebook to regarding preservation anyand all of plaintiffs the of account information. Facebook not responded Plaintiffs has to written request.Plaintiff and has c o n t i n u e s sufferfromall aspects hardship to, of contributed strained brokenrelationships. to and Attached heretois Exhibit a trueand correct D copyof U.S.PostOfficecorrespondence. Stored The C o m m u n i c a t i o n s permits disclosure otherwise Act the protected of communication, subscriber, if the br t h e authorof the intended receiver suchcommunications consent 18 USC2702(b)(3). of gives F I R S TCAUSEOF ACTION ( U SConstitution Amendment First CivilRights Viotation) 13 I4 15 t6 L7 18 t9 20 2t zz 23 24 z) 26 27 28 [ S u m m a r y of pleadinsl -1 16. Plaintiffreallegesand incorporatesby referencethe allegationsof sections 1 - 1 5 ,inclusive, set forth in full herein. as 3 A 17. 18. Plaintiffis a United States citizenand this action arises under 42 U.S.C. 1983. Defendant and at alltimes has been doing businessin SantaClaraCounty,California.And, has is 5 6 '7 I 9 10 11_ 1,2 13 T4 15 16 L7 18 19 ah b e e nexisting underthe lawsof the Stateof California. 1 9 . Plaintiff an American a disability. is with 2 0 . Facebook intentionally withtotaldisregard and violated Plaintiffs Federal Constitutional to right f r e e d o m speech of and the rightas a US citizen not be deprived life,liberty, property to of or without due p r o c e s s the law. of 2 1 . Facebook intentionally withtotaldisregard deniedPlaintiffs and has rightto equalprotection law of 2 2 . Facebook, Inc's.FirstAmendment rightsviolations civil havecaused damages Plaintiff an to in a m o u n t be proven trial. to at SECOND CAUSE ACTION OF ( u s FoURTEENTH AMENDMENT CtVtL RtcHTS V|OLAT|ON) 2 3 . Plaintiff realleges incorporates reference allegations sections and by the of 1-22, inclusive, setforthin fullherein. as 2 4 . Plaintiff a United is States citizen and thisactionarisesunder U.S.C.1983. 42 2 5 . Defendant andat alltimes is hasbeendoingbusiness Santa in Clara County, California. And,has b e e nexisting underthe lawsol the Stateof California. 2 6 . Plaintiff an American is witha disabitity. 2 7 . Facebook intentionally withtotaldisregard and violated Plaintiffs Federal Constitutional to right f r e e d o m speech of and the rightas a US citizen not be deprived life,liberty, property to of or without due p r o c e s s the law. of 2 8 . Facebook intentionally withtotaldisregard deniedPlaintiffs and has rightto equalopportunity and 2L zz 23 25 26 27 28 p r o t e c t i o n law. of 2 9 . Facebook, Inc's.Fourteenth Amendment rightsviolations civil havecaused damages plaintiff to in a n amount be proven trial. to at T H I R DCAUSE ACTION OF I S u m m a r y of pleading] t 2 3 4 ( B r e a c hof Contract) 30. Plaintiffreallegesand incorporates referencethe allegationsof sections by 1 - 2 9 ,inclusive, set forth in fullherein. as 31. The customs, practices,and policiesof Facebook,lnc. amountedin the deliberateindifference to 5 6 '7 t h e rights of Plaintiff. 32. As a direct and proximateresultof the customs,practices,and policiesof Facebook,lnc., d e s c r i b e d this complaint, in Plaintiff has sufferedinjury,loss,and damage. This including and not limited t o loss of liberty,invasionof privacy, pain and suffering, emotional personal distress, unduehardship, a n g u i s h ,and discrimination. 33. The Defendantslack of adhernceto its own establishedand advertisedStatementof Rightsand 6 9 10 11 1,2 13 1,4 l-f F l e s p o n s i b i l i t i ecaused irreparable s damage to the Plaintiff. 3 4 . The Defendantslack of adherenceto its own establishedand advertisedFacebook Principles c a u s e d irreparabledamage to the Plaintiff. 35. The Defendantslack of adherenceto its own establishedand advertisedFacebook'sPrivacy P o l i c ycaused irreparabledamage to the Plaintiff. 36. The Defendantslack of communication, services,and assistancefor disabledindividualscaused l_o 1,7 18 19 20 2L i r r e p a r a b l edamage to the Plaintiff. 37. Facebook,Inc. violated its terms of agreementby supportinga class D felony under United States C o d e Title 18, Section871. lt consists knowingly of and willingly mailingor otherwise making"anythreat t o take the life of, to kidnap,or to inflictbodily harm upon the Presidentof the United States." 38. Facebook,lnc's. breachesof the contracthave caused damagesto Plaintiffin an amount to be p r o v e n at trial. 23 24 25 26 2'7 28 F O U R T HCAUSE OF ACTION ( B r e a c hof lmplied Covenantof Good Faith and Fair Dealing) 39. Plaintiffreallegesand incorporates referencethe allegationsof sections by 1 - 3 8 ,inclusive, set forth in fullherein. as l S u m m a r y of pleadingl 1, Inc. by to 4 0 . The law implies covenant goodfaithandfair dealing whichFacebook, promised a of perform fairly,honestly and reasonably according the termsof agreement to advertised Facebook. by F a c e b o o k not bdhere thiscovenant. did to ^ 5 6 7 I 9 10 1t_ I2 13 1^ 4 1 . Facebook, has breached implied lnc. the covenant goodfaithandfair dealingby not providing of t h e safetyservices advertised, allowing cyberbullying cyberharassment. Additionally, Facebook, and pornographic, violent. l n c .doesnot protect against content is hateful, that threatening, and 4 2 . Facebook, hasfailedto provide Inc. adequate management, siteand enforcement is site over that n e c e s s a r y prevent hatespeech to and actions. 4 3 . Facebook, Inc.'slackof responsiveness poorsitemanagement and demeaned purpose the the of contractual relationship, whichwasto provide Plaintiff a secure with environment according the law. to 4 4 . Facebook, showsa lackof concern publicsafetyand healthby supporting DearLord Inc for the p r a y e r deathhatepagethreatening lifeof the President the United for the of States. 4 5 . Facebook, showsa lackof concern publicsafety lnc for and healthby supporting DearLord the p r a y e r deathhatepagethreatening Officeof the Presidency the subsequent for the protection, and well b e i n gand livesof United Statescitizens. 4 6 . Facebook, showsa lackof concern respect the Officeof the President the United Inc and for of States. 4 7 . Facebook, showsa lackof concern the entityof life. Inc for 4 8 . Facebook, showsa lackof concern publicsafety lnc for and healthby supporting DearLord the p r a y e r deathhatepagethreatening livesof cancerpatients. for the 4 9 . Facebook, showsa lackof concern publicsafety Inc for and healthby allowing nature the and pageto violate Facebook c o n t e n t a Facebook of the termsof agreement. 15 TO t7 18 19 20 23, 23 5 0 . Facebook, showsa lackof concern publicsafety Inc for profit and healthby prioritizing company o v e rthe negative effects racisUhate of speech and implied/directly violence. threatened 25 26 2'7 28 5 1 . Defendant violated spiritof itstermsof agreement the whichsupport socialnetworking with friends, strangers, communities, activities, interests condeming and by Plaintiff socialnetworking. for 5 2 . Defendant violated spiritof itstermsof agreement notshowing the by concern offering or assistance whentheircomputer system flagged Plaintiffs account.Bather, Plaintiff told in an email was [ S u m m a r y of pleading] - 10 1 a of the and by re-alleges incorporates reference allegations sections 6 2 . Plaintiff inclusive, setforthin fullherein. as 1-61, and fraud,or oppression, in weredonewithmalice, actions Defendant of 6 3 . The above-recited A of rights. Thus,in directviolation CivilCode3294. disregard the Plaintiffs of reckless and in termsof agreement deceptive the senseof misrepresentation false are 6 4 . Defendants standards. r e p r e s e n t a t i o n company of policies practices Plaintiff a position in thusputting ol failedto followestablished and 6 5 . Defendant 5 6 8 9 10 1l_ t2 13 I4 15 1,6 L7 t8 19 zv harm. unnecessary 6 6 . Defendant mislead Plaintiff allowing creating environment by and an threatening harmful. and Facebook, actedwithconscious in to Inc. 6 7 . Defendant disregard relation its termsof agreement. h a s beenawareof the probable conduct theirsite,yet they on dangerous consequences ongoing of willfully and deliberately failedto takeactionto prevent harm. 6 8 . Defendant actedwithwillful andconscious disregard the rights and safetyof Facebook of members. 6 9 . Defendant actedwithwillful andconscious disregard the rights of and safetyof Facebook m e m b e r swith disabilities. 70. 71. 72. Defendantsdespicableconduct has threatenedthe rightsand safety of Plaintiff. DefendantsubjectedPlaintiffto cruel and unjust hardshipin consciousdisregardof Plaintiffs Plaintiffsuffereddamages in an amount to be proven at trial. PRAYER FORRELIEF prays a judgment WHEREFORE, Plaintifl for lnc. against Facebook, as follows: 1 . Fora temporary injunction enjoins that Facebook, f romdeleting lnc. any/all Plaintitfs Facebook 21, 23 24 25 26 27 z6 account records. 2 . Fora temporary injunction enjoins that Facebook, to provide lnc. Plaintiff any/all her with of Facebook records. account 3 . Fora temporary injunction enjoins that Facebook, to provide lnc. Plaintiff all information with requested according the AUTHORIZATION RELEASE FACEBOOK to FOR OF ACCOUNT I N F O R M A T I Onotorized N formsubmitted Facebook. to Inc. [ S u m m a r y of pleadingl - tZ all and Facebook, to preserve postsmadepast,present lnc. injunction enjoins that 4 . Fora temporary for Dear f u t u r eby all Facebook userson the aforementioned Lordprayer deathhatepage. 3 membership. Plaintiffs account injunction enjoins Facebook, to reactivate Inc. 5 . Fora temporary that Facebook any/allPlaintiffs injunction enjoins that Facebook, fromdeleting Inc. 6 . Fora permanent account records. 6 7 Plaintiff any/all her with 7 . Fora permanent injunction enjoins Facebook, to provide Inc. of that Facebook account records. 8 . Fora permanent injunction enjoins Dear that Facebook, to remove aforementioned Lord Inc. the p r a y e r deathhatepagethreatening President the United for the of and United States Statescitizens. 10 11 12 13 1A 9 . Fora permanent injunction enjoins Plaintiffs that Facebook, to reactivate Inc. account membership. 1 0 . Fora declaration Plaintiffs that FirstAmendment rightswereviolated Detendant. civil by 1 1 . Fora declaration Plaintiffs that Fourteenth Amendment civilrights wereviolated Defendant. by 1 2 . Fora declaration Plaintiffs that rightsunder Titlelll of the American Disability wereviolated Act by Defendant. 1 3 . Fora declaration Plaintiffs that rights wereviolated Defendants by Breach Contract. of 1 4 . Fora declaration Plaintiffs that rightswereviolated Defendants Breach lmplied by of Covenant of G o o dFaithand FairDealing. 1 5 . Fora declaration Plaintiffs that rights wereviolated Defendants Negligence. by 1 6 . Fora declaration Plaintiffs that rights wereviolated Defendants fraud. by 1 7 . Forgeneraldamages an amount in according proof trial. to at 1 8 . Forspecific damages an amount in according prootat trial. to 1 9 . For related expenses an amount in according proofat trial. to 2 0 . Forcompensatory in damages an amount according proofat trial. to 2 1 . Forpunitive damages an amount in according proofat trial. to 2 2 . Fortrebledamages an amount in according proofat trial. to 15 ro 1,7 18 L9 20 21, zz 23 z4 zd 2 3 . For Plaintiffs costof suitincurred herein. 2 4 . For leaveto amendPlaintiffs complaint attorneys for feesuponretention counsel Plaintilf of as is 28 r e p r e s e n t i nherself thistime. g at [ S u m m a r y of pleading] - 13 1 2 5 . Forsuchotherandfurther reliefas the courtmay deemjust and proper. J U R VDEMAND P l a i n t i fdemands trialby juryas to all issues triable. f a so J u l y30,2010 ) 3 5 6 7 I 9 l_0 11 L2 13 I4 15 L6 t'1 18 19 20 21, R e s p e cullySubm tf itted, K a r e nBethYoung Plaintiff 23 24 25 26 27 28 l S u m m a r y of pleadingl - t4

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