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      Defamation Complaint

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      COMMONWEALTH OF MASSACHUSETTS 

      COUNTY, ss.                                                          SUPERIOR COURT 
                                                                                    CIVIL ACTION: 

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      John Smith 
                                        Plaintiff 
      v. 

      MEDUSA 
                                   Defendant 
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      COMPLAINT AND JURY DEMAND ON ALL COUNTS

      INTRODUCTION

      This arises out of a relationship between a woman and a man.  The woman, the defendant here, wanted a "serious" relationship and the man, the plaintiff here, wanted a friendship. The plaintiff was in the middle of a divorce and a serious relationship was premature.  Feeling scorned and rejected and wanting more attention, the woman began threatening the man and writing defamatory things about him to diverse people, including friends of his. Ultimately, the woman began talking defamatorily to the attorney for the man's wife and then with the guardian ad litem

      By her actions, defendant intentionally inflicted emotional distress on the plaintiff, John Smith.

      PARTIES

      1. Plaintiff John Smith ["Smith"] is a natural person residing at 00 XXXXX Road, TOWN, County, Massachusetts 00000-0000; was a resident of TOWN, Massachusetts. during all relevant times of this action; is married to Pocahontas Doe Smith; and is the biological father of Zach Doe Smith and John Doe Smith.

      2. Defendant MEDUSA ['MEDUSA"] is a natural person residing at 00 YYYYYY Street, CITY, County, Massachusetts, 00000; was a resident of CITY, Massachusetts, during all relevant times of this action; and is unmarried.

      COUNT 1: DEFAMATION

      3. Smith repeats and realleges and incorporates by reference the allegations in paragraphs 1 and 2 above with the same force and effect as if herein set forth.

      4. Defendant MEDUSA published one or more oral and written false statements which were intended to impeach Plaintiff Smith's honesty, integrity, virtue, or reputation. 

      5. The defamatory statements were, including, but not limited to, the following:

      a. "MEDUSA stated to ASPY GAL that Smith, `will do what it takes to get custody, that his judgment is blurred, that he has crossed a line...'" Thursday, 15 March 2001; 
                                                        
      b. "Johnny is mean, he doesn't have the heart of gold that everyone thinks he does," Thursday, 15 March 2001 at 07:57:46;

      c. "I'm concerned about him parenting the boys," Thursday, 15 March 2001 at 07:57:46;

      d.  "I don't think Johnny is telling either of you the truth," Monday, 12 March 2001 at 03:36 PM and republished Thursday, 15 March 2001 at 07:57:55;

      e.  "Johnny did something TODAY that is going to hurt his kids GREATLY. If you knew about it ahead of time, you should have stopped him. If you don't know, you should ask him what he's up to before telling ME where to go...He's dangerous at this point. He's
      done a really good job of giving the `poor me' act to us all, but he's a wolf in sheep's clothing." Republished on Thursday, 15 Mar 2001 07:58:02;

      f.  "Johnny DID do something yesterday that was really bad for his kids, it has nothing to do with me and him. If you want to be a friend to HIM, you should ask him about it and suggest that he retract his actions, immediately, somehow. He's already made it so he's lost visitation effective immediately. And I think he's ALREADY dug his own grave on the whole case. And, I know all this for a FACT, it's not my opinion. 

      "Why aren't I telling Johnny all this? Because somehow he's gone off the deep end and won't listen to reason anymore." Published on Tuesday, Mar 13, 2001, 1:34 AM and republished on Thursday, 15 Mar 2001 07:58:06;

      g. "Johnny has shown me directly that he can lie while looking me straight in the face, be controlling, vengeful, neglectful, manipulative, emotionally unstable, have a horrible temper, and most of all be very self-centered. . . . 

      "He has asked me to write lies when writing documents, and to write things that never happened, while angrily telling me that I just don't remember it correctly. I've had to show him documentation to the contrary, at which point he has told me to destroy it. I am not an attorney, and do not know what position this puts me in now. I hope that I will not need my own attorney, I cannot afford one. BUT, I refuse to lie for him anymore." Published Monday, 19 February 2001 at 14:54:00;

      h. "Briefly, Johnny has just yesterday brought certain allegations to the court's attention that are going to be very traumatic to his boys, and it's going to deny him visitation altogether, and maybe any chance at custody. I've already made a few phone calls, and because I have shared my knowledge of Johnny's actions, I'm told I will probably be subpoenaed.

      "Johnny has pushed me away and will not listen to why his actions were wrong. I think he's become desperate, and I am wondering if someone from the Fathers' Group can try to call him. I am afraid that he has resorted to other than honest or ethical tactics in a desperate effort to grab his twins away from his wife. I think it's as a result of feeling that the system, especially the GAL and XXX (child protective services), is against him. He said to me `You people haven't gotten anywhere, so I have had to take care of it myself.' He's lumping me in with `you people', and as you know, I'm not one of `them'.

      "It's taken me a few days to think clearly about contacting you, but I think Johnny is in trouble and needs help. Over the past month or so, I've suggested he see a councilor, and he has refused...." Published Tuesday, 13 Mar 2001 at 21:41:50 and republished Saturday, 17 March 2001 at 14:12:49; 

      i. "I have a lot more insight about Johnny through talking to the GAL, and it seems clear that from the beginning of the case, Johnny has been encouraged to go to therapy. Johnny never said anything about this to me, nor has he considered going to therapy. And when I've mentioned it on my own, he told me to never suggest it again. His refusal to go is one of the biggest reasons why he won't get the kids. This is what I've heard. 

      "Also, ASPY GAL is absolutely NOT AT ALL the horrible person Johnny has made her out to be. She's very impartial and compassionate, and has given Johnny a lot of consideration. I have the clear impression that Johnny's perspective on everything is VERY far off-base, and that he has `invented' alot of what he has told us (you guys and me) about this case." Published __ March 2001 and republished Saturday, 17 Mar 2001 at 21:47:47.

      6. Smith is not a public figure.

      7. The statements imputed by MEDUSA to Smith, the slurs on Smith's character by MEDUSA, including his honesty, integrity, virtue, or reputation, the oral and written statements by MEDUSA that he was unstable or had poor judgment or was inflicted with a mental illness needing treatment defamed Smith. 

      8. The defamatory statements resulted in liability to Smith. 

      WHEREFORE, Plaintiff John Smith demands judgment against Defendant MEDUSA for injunctive relief and actual, special, and compensatory damages in an amount deemed at time of trial to be just, fair, and appropriate.

      COUNT 2: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

      9. Smith repeats and realleges and incorporates by reference the allegations in paragraphs 1 through 8 above with the same force and effect as if herein set forth.

      10. Defendant MEDUSA intentionally and deliberately inflicted emotional distress on Smith by defaming him to many people, including but not limited to the following: several of Smith's friends, his counsel, counsel of Smith's wife's, the guardian ad litem of Smith's children. 

      11. As a result of MEDUSA's extreme and outrageous conduct, Smith was, is, and, with a high degree of likelihood, will continue to be emotionally distressed due to her defamation of him.

      12. As a result of MEDUSA's extreme and outrageous conduct, Smith has suffered and will continue to suffer mental pain and anguish, severe emotional trauma, embarrassment, and humiliation.

      WHEREFORE, Plaintiff Smith demands judgment, including interest, against the Defendant MEDUSA in an amount deemed by this Court to be just and fair and in any other way in which the Court deems appropriate.
      Respectfully submitted,
      PLAINTIFF JOHN SMITH,
      By his attorney,
      20 March 2001                  Barbara C. Johnson
                                              Barbara C. Johnson, Esq.
                                              6 Appletree Lane
                                              Andover, MA 01810-4102
                                              978-474-0833



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