Gillespie v. Marlowe

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Lawsuit

Date: 

09/16/2005

Status: 

Concluded

Location: 

Ohio

Disposition: 

Default Judgment
Dismissed (partial)

Verdict or Settlement Amount: 

$221.80
George Gillespie of Ohio filed suit on September 16, 2005 against two chat room users who allegedly humiliated him in AOL chat discussions.  The defendants, Bob Charpentier and Mike Marlowe, lived in Oregon and Alabama respectively at... read full description
Parties

Party Receiving Legal Threat: 

Mike Marlowe; American Online; Bob Charpentier

Type of Party: 

Individual

Type of Party: 

Individual
Large Organization

Location of Party: 

  • Ohio

Location of Party: 

  • Florida
  • Alabama
  • Oregon

Legal Counsel: 

Bob Charpentier (Pro Se); Michael S. Gordon (for AOL)
Description

George Gillespie of Ohio filed suit on September 16, 2005 against two chat room users who allegedly humiliated him in AOL chat discussions.  The defendants, Bob Charpentier and Mike Marlowe, lived in Oregon and Alabama respectively at the time the suit was filed. Gillespie also sued AOL for allowing the alleged harassment to occur.

According to Law.com, Gillespie alleged that the chat room participants "acted in an outrageous manner, which they knew or should have known would cause serious emotional distress to the plaintiff . . .  The Defendants' conduct was so extreme and contemptible as to go beyond all possible bounds of decency."  Gillespie also alleged that Charpentier and Marlowe intruded into his "private affairs" and claimed that Marlowe  drove from Alabama to Ohio to photograph his home (for posting on the web) and/or to file a change of address form with the local post office in order to disrupt his mail.  Marlowe denied traveling to Ohio.

On January 30, 2006, AOL moved to dismiss the suit or stay it for improper venue. Judge Christopher J. Collier dismissed the suit against AOL on February 14, 2006, but the grounds for dismissal are unclear. Charpentier, acting pro se, filed a response and sought to reserve the right to file a $125,000 countersuit against Gillespie.  Following an oral hearing, the court dismissed Charpentier from the suit.  The case docket indicates that the court entered a default judgment against Mike Marlowe on April 28, 2006 in the amount of $221.80.

Details

Content Type: 

  • Text

Publication Medium: 

Forum

Subject Area: 

  • Third-Party Content
  • Intrusion
  • Cyberbullying
  • User Comments or Submissions
Court Information & Documents

Jurisdiction: 

  • Ohio

Source of Law: 

  • Ohio

Court Name: 

Medina County Court of Common Pleas (Ohio)

Court Type: 

State

Case Number: 

05CIV1255
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

Docket information for this case (and possibly other related cases?) is available at: http://www.co.medina.oh.us/medct_epublicnodr/pages/search.aspx.  Search for George Gillespie's name.

Source: Law.com