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Home > Rakofsky v. South Florida Sun-Sentinel

Rakofsky v. South Florida Sun-Sentinel [1]

Submitted by DMLP Staff on Thu, 01/07/2010 - 16:27

Summary

Threat Type: 

Lawsuit

Date: 

12/17/2009

Status: 

Pending

Location: 

Florida

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
Pembroke Pines Police Officer Daniel Rakofsky filed a "Complaint for Pure Bill of Discovery" against the publishers of the South Florid Sun-Sentinel newspaper, seeking the identities of several pseudonymous commenters to a Sun-Sentinel article about him.  On November 5, 2009,... read full description
Parties

Party Receiving Legal Threat: 

Sun-Sentinel Company; Tribune Interactive, Inc.; Tribune Company of Chicago

Type of Party: 

Individual

Type of Party: 

Individual
Large Organization
Media Company

Location of Party: 

  • Florida

Location of Party: 

  • Florida
  • Illinois
Description

Pembroke Pines Police Officer Daniel Rakofsky filed a "Complaint for Pure Bill of Discovery" against the publishers of the South Florid Sun-Sentinel [2] newspaper, seeking the identities of several pseudonymous commenters to a Sun-Sentinel article about him. 

On November 5, 2009, the Sun-Sentinel published an article about Officer Rakofsky under the headline "Officer accused of sending nude photos of ex-lover."  (The article is no longer available on the Sun-Sentinel site, but is available on its mobile news platform [3] and WPTV.com [4].)  According to Rakofsky's complaint [5], the comments section associated with the article contained unspecified, allegedly defamatory statements about him posted by pseudonymous users of the website.  

The "pure bill of discovery" used by Rakofsky is a procedural mechanism recognized in Florida, through which the plaintiff can obtain factual information from a defendant (here, the newspaper) in anticipation of filing another lawsuit against an ultimate wrongdoer (here, the commenters).  It is similar to the petition for "pre-action discovery" involved in the Liskula Cohen [6] case in New York.

It is not clear whether the Sun-Sentinel has formally responded as of the date of writing.

Update:

2/24/2010 - The Sun-Sentinel moves to dismiss.

4/16/2010 - Rakofsky opposes the paper's motion.

4/26/2010 - The court denies the Sun-Sentinel's motion to dismiss.

5/18/2010 - The Sun-Sentinel files an answer to the complaint.

Related Links: 

  • Courthouse News Service: Policeman Demands Names from Newspaper [7]
  • PogoWasRight.org: Policeman Demands Names of Anonymous Commenters [8]
  • WPTV.com: Officer accused of sending nude photos of ex-lover [4]
Details

Web Site(s) Involved: 

South Florida Sun-Sentinel.com [2]

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Third-Party Content
  • Anonymity
Court Information & Documents

Jurisdiction: 

  • Florida

Source of Law: 

  • Florida

Court Name: 

Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida

Court Type: 

State

Case Number: 

0967800

Relevant Documents: 

PDF icon 2009-12-17-Rakofsky Complaint for Pure Bill of Discovery.pdf [9]

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Source URL (modified on 08/20/2014 - 11:10pm): https://www.dmlp.org/threats/rakofsky-v-south-florida-sun-sentinel

Links
[1] https://www.dmlp.org/threats/rakofsky-v-south-florida-sun-sentinel
[2] http://www.sun-sentinel.com/
[3] http://mobile.sun-sentinel.com/inf/infomo?view=top_stories_item&feed:a=sunsentinel_1min&feed:c=topstories&feed:i=50316663&nopaging=1
[4] http://www.wptv.com/mostpopular/story/Officer-accused-of-sending-nude-photos-of-ex-lover/c_f0xK3yrE6cGOHrvpfCaA.cspx
[5] https://www.dmlp.org/sites/citmedialaw.org/files/2009-12-17-Rakofsky%20Complaint%20for%20Pure%20Bill%20of%20Discovery.pdf
[6] https://www.dmlp.org/threats/cohen-v-google-blogger
[7] http://www.courthousenews.com/2010/01/07/23426.htm
[8] http://www.pogowasright.org/?p=6843
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-12-17-Rakofsky%20Complaint%20for%20Pure%20Bill%20of%20Discovery.pdf