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Home > Devenyns v. Albero

Devenyns v. Albero [1]

Submitted by DMLP Staff on Fri, 08/28/2009 - 10:11

Summary

Threat Type: 

Lawsuit

Date: 

07/24/2009

Status: 

Concluded

Disposition: 

Dismissed (total)

Location: 

Maryland

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
A Maryland prison director filed a defamation lawsuit against Maryland political blogger Joseph Albero for allowing an allegedly defamatory user comment to appear on his website. Douglas Devenyns claims an anonymous commenter on Albero's Salisbury News blog falsely stated he was a... read full description
Parties

Party Receiving Legal Threat: 

Joseph Albero

Type of Party: 

Individual

Type of Party: 

Individual

Location of Party: 

  • Maryland

Location of Party: 

  • Maryland

Legal Counsel: 

Kevin Karpinski
Description

A Maryland prison director filed a defamation lawsuit against Maryland political blogger Joseph Albero for allowing an allegedly defamatory user comment to appear on his website. Douglas Devenyns claims an anonymous commenter on Albero's Salisbury News blog falsely stated he was a "sexual predator" who shortened female inmates sentences in exchange for sex, according to The Daily Times [2].

According to Delmarva Dealings [3], the suit seeks $150,000 in damages. The complaint tries to get around Section 230 of the Communications Decency Act [4] by arguing that Albero is liable for the comment because he determines which comments to publish and whether he will edit them first.

Update:

9/10/2009 - Albero filed a motion to dismiss under Section 230 of the Communications Decency Act.  He argues that the act protects third parties even if they perform some editorial functions.  

11/30/2009 - The court granted Albero's motion for summary judgment.

Related Links: 

  • DelmarvaNow: Abstract - Detention Center director sues blogger [5] (payment required for access)
    [5]
  • DelmarvaNow: Abstract - Judge dismisses defamation lawsuit against blogger Joe Albero [6] (payment required for access)
  • Salisbury News: Wicomico County Detention Center Questions? [7] (allegedly defamatory comment appears under this post) 
  • Delmarva Dealings: Albero Target of Another Frivilous Lawsuit [8]
  • DelmarvaNow.com: Abstract - Blogger files to dismiss latest lawsuit [9] (payment required for further access)
Details

Web Site(s) Involved: 

SBYNews.blogspot.com [10]

Content Type: 

  • Text

Publication Medium: 

Blog

Subject Area: 

  • Defamation
  • Third-Party Content
  • Section 230
Court Information & Documents

Jurisdiction: 

  • Maryland

Source of Law: 

  • Maryland

Court Name: 

Circuit Court of Wicomico County

Court Type: 

State
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

likely section 230 case

CMF - 8/5/09

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Source URL (modified on 08/20/2014 - 11:10pm): https://www.dmlp.org/threats/devenyns-v-albero

Links
[1] https://www.dmlp.org/threats/devenyns-v-albero
[2] http://www.delmarvanow.com/article/20090730/NEWS01/907300350/-1/newsfront2/Detention-Center-director-sues-blogger
[3] http://sbynews.blogspot.com/2009/07/albero-target-of-another-frivolous.html
[4] https://www.dmlp.org/section-230
[5] http://pqasb.pqarchiver.com/delmarvanow/access/1912147101.html?FMT=ABS&date=Dec+01,+2009
[6] http://pqasb.pqarchiver.com/delmarvanow/access/1912147261.html?FMT=CITE&date=Nov+30,+2009
[7] http://sbynews.blogspot.com/2008/07/wicomico-county-detention-center.html
[8] http://www.delmarvadealings.com/2009/07/30/albero-target-of-another-frivolous-lawsuit/
[9] http://pqasb.pqarchiver.com/delmarvanow/access/1858173261.html?FMT=ABS&date=Sep+10,+2009
[10] http://sbynews.blogspot.com/