Kavakich v. Chavla (Subpoena) [1]

Terri and Munir Chavla, operators of a community forum called LocalScoop.net, along with three anonymous users of the site sued Mark Kavakich, the local chief of police, after Kavakich sent them a subpoena seeking the identities of users of the site. According to the lawsuit, Kavakich also posted messages on the site threatening to uncover the identities of anonymous users who had criticized him and sent an email to the site's operators threatening civil and criminal action.

On April 20, 2004, the court issued an order [2] granting plaintiffs' motion for a temporary restraining order, enjoining defendant Kavakich from a) making any threats, either generally or specifically, to prosecute or identify people who post messages on the Internet, specifically, at www.localscoop.net; b) enforcing subpoenas, dated 4/12 and 4/14/04, against www.localscoop.net webmaster Russell Stevens; and c) from threatening to use or making use of any compulsory process to prosecute, identify or confront people who post messages on the Internet, specifically at www.localscoop.net, except by leave of court based upon a showing of probable cause.

The case then proceeded through discovery and court ordered mediation. On January 24, 2006, the court approved the parties' consent decree [3] settling the case. The settlement involved the payment of $42,000 to the plaintiffs and the continuation of the limitations outlined in the preliminary injunction.

Plaintiffs received legal asssistance from Witold Walczak, ACLU of Pennsylvania Legal Director.