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Home > City of Kirkland v. Sheehan

City of Kirkland v. Sheehan [1]

Submitted by DMLP Staff on Mon, 09/28/2009 - 13:33

Summary

Threat Type: 

Lawsuit

Date: 

03/27/2001

Status: 

Concluded

Disposition: 

Injunction Denied
Injunction Issued
Material Removed

Location: 

Washington

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Publication of Private Facts
City officials in Kirkland, Washington sued William Sheehan and other defendants for publishing personal information about Kirkland police officers on his website, www.justicefiles.org. The website, which was critical of law enforcement, contained substantive political argument but also the names, addresses, dates of... read full description
Parties

Party Receiving Legal Threat: 

William Sheehan; Roberta Sheehan; Aaron Rosenstein

Type of Party: 

Government

Type of Party: 

Individual

Location of Party: 

  • Washington

Location of Party: 

  • Washington

Legal Counsel: 

Bill Evans (Kirkland City Attorney)

Legal Counsel: 

Elena Luisa Garella
Description

City officials in Kirkland, Washington sued William Sheehan and other defendants for publishing personal information about Kirkland police officers on his website, www.justicefiles.org [2]. The website, which was critical of law enforcement, contained substantive political argument but also the names, addresses, dates of birth, telephone numbers and social security numbers of law enforcement personnel and their spouses. The City alleged that the website invaded the privacy of its officers and sought an injunction prohibiting publication of this personal information.

The Washington state court granted in part and denied in part [3] the City's motion for an injunction. It distinguished information with a substantive communicative purpose from personal information that protects an individual's identity and assets.  The court refused to enjoin the dissemination of the names, addresses, dates of birth and telephone numbers of the law enforcement personnel, reasoning that absent a credible threat of harm, the First Amendment protects the dissemination of information that promotes political discussion. The court enjoined the dissemination of social security numbers, however, because the government has a compelling interest in protecting this unique identifying information.   

Later, Sheehan and his wife filed a third-party complaint [4] against Yahoo!, Infospace, Inc., RWN Corporation, d/b/a Data-trac.com, and US Search.com, Inc., claiming a right to contribution or indemnity because these companies originally published or sold the "personal" information upon which the City's lawsuit was based.  The CMLP has not been able to determine what happened after this point in the proceeding.  Sheehan's website is no longer online. 

Related Links: 

  •  Defendant Sheehan's Response to City's Motion for Injunction [5]
  • Memorandum Ruling Re: Plaintiff's Motion for Injunctive Relief [3]
  • Third-Party Complaint for Contribution, Indemnity, and Other Relief [4]
  • BNET: Policing the Net - suit filed against William Sheehan over Web site [6]
  • ZD Net: Site posts personal information about cops [7]
Details

Web Site(s) Involved: 

www.justicefiles.org [2] (now defunct)

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Publication of Private Facts
  • Prior Restraints
Court Information & Documents

Jurisdiction: 

  • Washington

Source of Law: 

  • Washington

Court Name: 

Superior Court of the State of Washington, County of King

Court Type: 

State

Case Number: 

01-2-09513-7 SEA
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

In June 2001, Defendant Sheehan and Plaintiffs brought claims against third parties, Yahoo, Infospace, Inc., RWN Corporation and US Search.com, Inc. http://www.politechbot.com/kirkland/defense.yahoo.motion.0601.html [4]

-edited by MW

 

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

Links
[1] https://www.dmlp.org/threats/city-kirkland-v-sheehan
[2] http://www.justicefiles.org
[3] http://www.politechbot.com/docs/justicefiles.opinion.051001.html
[4] http://www.politechbot.com/kirkland/defense.yahoo.motion.0601.html
[5] http://www.politechbot.com/kirkland/defense.motion.050401.html
[6] http://findarticles.com/p/articles/mi_m1568/is_3_33/ai_76446991/
[7] http://www.zdnet.com.au/news/security/soa/Site-posts-personal-information-about-cops/0,130061744,120229174,00.htm