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Home > Boothe v. Brent Hanson

Boothe v. Brent Hanson [1]

Submitted by DMLP Staff on Mon, 02/11/2008 - 19:30

Summary

Threat Type: 

Lawsuit

Date: 

05/09/2005

Status: 

Concluded

Disposition: 

Injunction Issued
Settled (total)

Location: 

Texas

Verdict or Settlement Amount: 

$1,500.00

Legal Claims: 

Defamation
Brent Hanson, who operated a website focused on laser eye surgery called LasikFraud.com, posted allegedly defamatory material about Dr. Boothe, a refractive surgeon, essentially calling Dr. Boothe a quack and accusing him of botching surgeries. After Dr. Boothe sued Hanson, the parties... read full description
Parties

Party Receiving Legal Threat: 

Brent Hanson

Type of Party: 

Individual

Type of Party: 

Individual

Location of Party: 

  • Texas

Location of Party: 

  • Texas

Legal Counsel: 

Steve Malin

Legal Counsel: 

M. Jason Ankele (defamation proceedings); pro se (contempt proceedings)
Description

Brent Hanson, who operated a website focused on laser eye surgery called LasikFraud.com, posted allegedly defamatory material about Dr. Boothe, a refractive surgeon, essentially calling Dr. Boothe a quack and accusing him of botching surgeries. After Dr. Boothe sued Hanson, the parties settled the suit on January 31, 2005, with Hanson agreeing to a permanent injunction that required him to remove the offending allegations from his website and to delete all his digital content relating to Dr. Boothe, and restraining him from repeating the allegations elsewhere.

After the suit was over, Hanson apparently violated the injunction against him by posting more information about Dr. Boothe on different websites ("LasikQuack.com" and "LasikQuack.org"). Counsel for Boothe hired a computer forensics expert, who testified that Hanson controlled these websites, and attempted to conceal this fact by using eGold cards and offshore web hosting. The Texas court found that Hanson had breached the terms of the permanent injunction and was guilty of contempt. Hanson was fined $1,500 and sentenced to serve 540 days of jail time.

The jail term was suspended for 18 months on the condition that Hanson: comply with the permanent injunction; allow Boothe's representatives to enter his home and inspect his computers to check up on his compliance; refrain from erasing material from his computers (other than in the ordinary course of business); and withdraw any complaints against Boothe with government agencies (unless a court orders that he has a reasonable chance of success).

The court also ordered that all Internet service providers, domain name registrars,
web site administrations, search engines, UseNet Groups, computer message boards, webhosting companies, e-mail service providers, electronic currency companies, and other providers of electronic communications services or remote computing services and expressly including Google, Inc., DSLReports.com, BroadbandReports.com, and Yahoo!, and their respective corporate affiliates, to remove all links to LasikQuack.com, LasikQuack.net, and LasikQuack.org, as well as all text associated with those links, including any cached copies.

Related Links: 

  • Glenn Hagel's website, Jail Sentence for Brent Hanson: Contempt [2]
Details

Web Site(s) Involved: 

LasikFraud.com (defamation proceedings)

LasikQuack.com & LasikQuack.org (contempt proceedings)

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Defamation
  • Criminal
Court Information & Documents

Jurisdiction: 

  • Texas

Source of Law: 

  • Texas

Court Name: 

District Court of Collin County, Texas

Court Type: 

State

Case Number: 

219-86-05

Relevant Documents: 

PDF icon 2005-06-27-Agreed-Judgment-of-Contempt-and-Order-of-Commitment-Brent-Hanson.pdf [3]
PDF icon 2005-05-09-Affidavit-of-Bryan-Thorton-Against-Brent-Hanson.pdf [4]
PDF icon 2005-03-04-Amended-Agreed-Judgment-and-Permanent-Injunction-Brent-Hanson.pdf [5]

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Source URL (modified on 08/20/2014 - 11:05pm): https://www.dmlp.org/threats/boothe-v-brent-hanson

Links
[1] https://www.dmlp.org/threats/boothe-v-brent-hanson
[2] http://www.glennhagele.com/brenthanson/brent-hanson-guilty-contempt.htm
[3] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2005-06-27-Agreed-Judgment-of-Contempt-and-Order-of-Commitment-Brent-Hanson.pdf
[4] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2005-05-09-Affidavit-of-Bryan-Thorton-Against-Brent-Hanson.pdf
[5] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2005-03-04-Amended-Agreed-Judgment-and-Permanent-Injunction-Brent-Hanson.pdf