Legal Question in Personal Injury in Oregon
I've been the target of harassing e-mails for several years, all coming from the same person. (See below for a recent example.) I think most people in the newsgroups I subscribe to (mostly alt.thinkquest) realize he's mentally ill, but the stories have been getting worse and worse and I should really take some action, except I'm at a loss as to where to begin. Like most cowards he hides behind an alias, but his ISP can easily track down the information, assuming it's not a fake as well. I have never responded to him, so it's not like it's a flame war or anything.
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"Come on, Mr. Chief, you are a fool, don't waste your time, remember, he
thinks he is the smartest person in the world. If you refuse to argue with
him, then he labels you a denier of his opinions and he will change the
subject and call you names. He pretends to be an expert on everything and
look up stuff on the Internet so it makes him look like he's skilled and
knowledgeable in whatever he wants to argue about. In this case, he
certainly has no real knowledge of the oil/gas development and production
world, that's obvious. The only real world experience he has is with the
Seattle police. He has first hand experience with child molestation. He has
first hand experience fleeing to Tennessee from Seattle. Mandated public
registries have him listed at 12142 NE Fremont, #13, Portland 97220 in case
any of you live nearby. But you are right, he has no sources, only the
ability to Google up and use other people's opinions, much like a
plagiarist. He flees from the police. He flees to Africa so as not to serve
his country. He flees from personal responsibility. Real smart guy, don't
waste your time bowing to pretentious his ego."
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I've snipped the previous discussion, which was about global warming. He throws in these attacks no matter what the topic is. The child-molestation claim started out as a "rumor" 7-8 years ago, and has been steadily exaggerated until I'm now I'm suddenly on a national index of some kind.My only exposure to the criminal justice system in Seattle was jury duty. You're free to verify that if you like. I've had him blocked for years at a time and send e-mails like the one below to the ISP who immediately closes the account on the grounds of libel, a violation of Terms of Service. But the next day he's back with a new one to block.
I'm not even sure e-mail libel is a crime, much less how to proceed against him. Online searches have proved fruitless. Thank you for whatever starting instructions you can give me.
Ernie Jurick
12142 NE Fremont St #13
Portland, OR 97220
503-232-3259
1 Answer from Attorneys
Libel requires publication to others, not just to yourself. If he is sending the emails only to you, it may be intentional infliction of emotional distriess but not libel. If he is sending the emails to other people, then it is libel, and you can sue him for damages. Since he is stating that you committed a crime, that is called libel per se, so you do not have to prove "malice" or specifically the extent to which you have been harmed by his statements.
Your major problems will be (1) finding him so the lawsuit can be served on him and (2) collecting any money. If you can learn his name and address, you can hire a process server to track him down and serve the summons and complaint. He then has to show up in court. But say you win a big jury verdict against him. Unless he has money, you will not collect anything, so the whole project will be a net loser for you. It might discourage the guy who is harrassing you, however.
Your ISP may not want to provide you with info to identify the guy. So you would file the lawsuit against "John Doe" and then have your attorney issue a subpoena to his ISP to obtain his identify.
What he is doing is also probably criminal, as in malicious mischief. If you find his name and address, contact the local police and describe the problem. Ask the police to pay him a visit. They may well do so, and that also could end the problem.