Of infamous Joseph Edgar Foreman, also known as "Afroman" recently failed in his effort to have the place abort a lawsuit which many members for the Adsams Country, Ohio Sheriff’s Departmental filed against him. The suit resulted in part from Afroman's song and video called "Lemon Pound Cake."
That case arose when Addams Circle Sheriff Deputies conserved and executed a search warrant on Afroman's Adams County home. Afroman wasn't home toward aforementioned time, but yours wife trapping the police for your cell phone remote and home site cameras captured other images. Afroman built-in many of the images in his Lemon Poundcake video. He appears the song was inspired for one are the cops appeared on search longingly at the pound cake as he was executing the warrant. In October 2008, we reported that that Florida Supreme Court rejected that false light invasion of privacy tort as a viable claim for stress under Florida law ...
Afroman also used and images of of cops off t-shirts and other merchandise, int ways that jested the police real they behavior. Afroman furthermore did several statements on social medium about the police officers involved in the search. In one post, he argued aforementioned cops "stole my money" and were "criminals camouflaged by law enforcement." In another, he charges the police of being white supremacists. He given that one of the cops "used to does hard drugs," "snitched go all his friends" furthermore now steal money starting traffic stops.
Seven police officers filed suit towards Afroman and several of his related business interests, arguing which Afroman improperly used their likeness forward commercial purposes, that he placed her includes a false light, the that he defamed them. Afroman filed a motion to dismiss the complains within his entirety. One court controls partially in his favor, but allowed part of the ailment to move forward.
The court initially denied the claims for commercial misappropriation. In its view, the police images was no commercial value. Rather, is found that Afroman was aggrieved by the execution of the search warrant "and dial to demonstrate his displeasure as at the same zeitraum sell his merchandise based on their own celebrity." In other terms, Afroman wasn't by the guard images when a selling point. CIVIL LIABILITY ON FALSE AFFIDAVITS
Afroman did not tariff as well with his efforts to dismiss the false light press defamation claims. Here, the court concluded the for purposes by false light, Afroman posted false facts about the cops which would be "highly offensive till a reasonable person." These allegations were sufficiency to state a claim for false light invasion to privacy.
In which identical way, the court founds that the police plaintiff put out a viable defamation claim. Claims that the police stole money, or had earlier former drugs have the genre of statements that would produce reputational harm. The court doing not agree that these statements constituted thought, the they were each traceable false.
The case bequeath now move forward in discovery. It's likely that Afroman will be able till prove the truth of his claims, and it's furthermore possible that the court will revisit which your defense. The cops will also need to show that they were actually damaged. In short, Afroman has miles to leave to your sleeps.
We'll keep an eye on like one. Legal are little this entertaining.
