Honestly: can scamdy.com get sued re: Andy Stephenson?

[RandomKoolzip]

These evil pricks tried to obstruct a terminal cancer patient's access to medical care because of that cancer patient's ideological views. Let's not kid ourselves; those assholes on the right would have let Andy get care if he wasn't a liberal activist. Isn't that kinda like premeditated attempted murder?

Now that's what I call "playing politics!"

[Sannum]

1. They deserve worse than that.

:grr:

[RandomKoolzip]

5. True.....I'd like to see them get terminal cancer.....

Only then would justice be done.

[Shell Beau]

2. It is a shitty thing that they did! Karma is a BITCH!

[RandomKoolzip]

7. Karma takes too long. I want to fast-track some just desserts.

[Kathy in Cambridge]

21. I'm with you. Some legal just desserts.

though personally, I'd like to kick their asses.

[RandomKoolzip]

26. Exactly.

What they did was criminal.

I still believe they knew that Andy really was dying; they wanted him to die faster.

[Taverner]

47. Hey I'm with ya KinC

especially on the ass kickin' part

[Taverner]

18. I don't believe in any karma that we can't institute ourselves

I don't think suing them would do any good - pressing criminal charges would be better.

[Shell Beau]

24. Well I've always thought "what goes around, comes around"

We'll see!

[Taverner]

36. God, I wish you were right

[Wetzelbill]

3. I would think you could do something

[benburch]

4. Only if you have a pile of money for a lawyer or a pro-bono lawyer...

Any lawyers out there want to take on a Cause???

[RandomKoolzip]

6. I'd like to see that happen.

They can't just do something as insanely evil as what they did and just get away with it.

[Ladyhawk]

61. Hmmmm...fundraiser, anyone?

I'd contribute to make sure some asses get some well-deserved new bungholes.

[ET Awful]

8. I'd say Andy's family has a legitimate cause of action for

Intentional Infliction of Emotional Distress.

There may also be a legitimate claim for Fraud and Libel, but both of those require you to prove actual losses as a result of the action of the defendant if I'm not mistaken.

[RandomKoolzip]

12. What about attempted murder?

I mean, I really believe they knew he was dying and wanted to help it along. Something tells me that they knew he was telling the truth and they jumped on the chance to finally kill a liberal.

[ET Awful]

14. That's a criminal charge. For that to happen, first you'd have to

convince a prosecutor that the claim was legitimate, not likely to happen.

A civil action is something else entirely.

[Zuni]

23. I don't think a DA would go for attempted murder

kind of a weak claim. Conspiracy would also be hard to prove

Better luck with a civil action for libel and slander and defamation

[ET Awful]

28. My point exactly.

And don't forget the causes of action that could result in punitive damages such as intentional (or negligent) infliction of emotional distress, etc.

[Stephanie]

56. Criminal harrassment?

Filing false claims? Defamation? Fraud? Libel? They filed a false fraud claim with PayPal, they made a false complaint with Medicaid, they harrassed him in his hospital room by sending telegrams to prove that he wasn't really at JH. They made his life miserable while he was fighting to stay alive. They harrassed him mercilessly. It's the most despicable thing I've ever seen in my life. And it made him so, so upset. Don't tell me there are no criminal charges to be pressed here. There has to be.

[jojo54]

9. Let's not forget something

We can hate them all we want but, they're on the "right" side, so they won't get into trouble for anything short of actually pulling the trigger.

May Andy R.I.P. and our hearts go out to his family.

[RandomKoolzip]

11. Yeah...I forgot about that.

There seems to be no come-uppance for republican misdeeds anymore....Martha Stewart goes to prison, while Oliver North gets a TV show.

[redqueen]

35. RIP?!

WHAT?

[RandomKoolzip]

37. You didn't hear?

Andy died last night.

[redqueen]

38. No.

[Zuni]

10. I think Andy's family has a strong case for libel action

against "that other site", FR and "scamdy"----If I were them I would take those cornholes for every penny for the pain they inflicted or tried to inflict

[RandomKoolzip]

13. And FRaud, too....

[amazona]

46. they have no cause of action

You cannot libel or slander or defame the dead under U.S. law.

In any event I honestly don't believe that Andy lived and died because he wanted his name to be used to attack free speech. I sure wouldn't want my death to be politicized in such a way.

The best revenge against the attention-seeker is to ignore him or them. You are giving Fred Grady and the rest exactly the drama reward that they are seeking.

[merh]

52. Gee what a shocking reply

:sarcasm:

[Stephanie]

58. Whatever. Just tell your pal Fred Grady to lawyer up.

Just in case.

[EFerrari]

60. Free speech?

Am I insane or did I just hear you call a vicious attack on a mortally ill man "free speech"?

Somebody get security. I need to be taken away. I'll go quietly.

[amazona]

62. andy should have never known of the web site

If "friends" had not insisted on drawing his attention to it.

Why do you want to reward these people with clicks and attention? Seriously?

Please speak to a lawyer in private with these questions. I advise speaking to several because you are clearly not going to believe what you are going to hear about the realities of slander/libel/defamation law in the United States.

You could do very grave harm to Andy's survivors with these tactics. This is not the right time, it is not the right place. This is a friend speaking to you.

PLEASE consult an attorney. I beg you. There are people on theis site who could not hurt Andy or his survivors more if they were his worst enemy, yet they claim to be friends. Put aside emotion, and think of his survivors.

I would be amazed if they are interested in having their personal finances exposed to the legal "discovery" process.

Don't start this. It is cruel.

[Redstone]

15. Even if nobody does anything in the legal sense,

God will get them for what they've done.

There's a special place in Hell reserved for people like them.

Redstone

[RandomKoolzip]

16. I'm tired of relying on cosmic entities for justice.

I want those fuckers to do time.

[Taverner]

19. Same here

Besides, if there was an invisible cloud being that gave a rats ass, none of us would be in the shit we are in now...

[RandomKoolzip]

25. Taverner:

There's no way a just, loving god would continue to take the good ones away from us and allow the murderers and conscienceless scumbags to breathe freely.

Just another piece of evidence to back up my atheism.

[Taverner]

34. I'm not an Athiest

But I'm convinced God just doesn't give a rats ass...

[Redstone]

40. Well, there is that. Good point.

Redstone

[Jara sang]

22. You can sue for anything that you like.

Whether a case has "merits" is another story. I'm sure what the criminality of this case would be, if any. But they can most certainly be taken to civil court. I think there is a case for civil court.

[johnnie]

17. I hope someone does something

"Taking the high road" has done us little good in the last few years. I am a pacifist most of the time, but it is starting to wear thin.
I hope someone saved some of the pages from those sites so they can be used in the future for something.

[Taverner]

20. Well lets do something then

Surely someone on DU is a lawyer....

[RandomKoolzip]

27. Old Leftie Lawyer, perhaps?

[Crazy Guggenheim]

29. How about slander? There has to be something.

[benburch]

30. Oh, there are grounds alright.

But no money for lawyers. Lawyers, guns and money. We only have guns.

[Crazy Guggenheim]

33. Don't give me any ideas! lol. And don't say anything like that

to Malloy! Jeez! He and Kathy are probably cleaning their guns right now!

[benburch]

39. Actually, they are likely on the way to vacation.

I don't think they know yet of his passing.

[Crazy Guggenheim]

41. That's right they are. But jeez ..........

Did you get my PM?

[benburch]

42. Yes I did.

And I did just phone the Malloy's. They have not yet left because they are vacationing in the path of the hurricane and are waiting to see what it does.

[Crazy Guggenheim]

43. Could he mention anything about this on his show when he

comes back?

[benburch]

44. Well, IF they cancel their vacation...

They just might be on next week anyway. And Kathy mentioned that they were considering what they ought to say.

But I'd rather that they got to go; They deserve it!

[Crazy Guggenheim]

45. Hmmm. Thanks.

[amazona]

48. again you can't slander the dead

I'm afraid that I am failing to see any illegality in putting up a web site that I don't happen to agree with.

If such a law were to be passed, it would be used against progressives first and none of us would be here.

I would be very cautious about advocating a civil lawsuit to try to silence Grady or anyone other political enemy. It could just as well blow up in one's face. People can counter-sue for harassment when you file a suit that has no merit. Or you could motivate these folks to continue to demand a full accounting of all money raised through the fund-raiser. Andy may be gone but apparently he has survivors. Do you want to see their finances picked apart for the next 5 years when they do "discovery?"

I have been a plaintiff in a lawsuit. You give up your financial privacy. Is that what you want for Andy's surviving partner, family, and friends?

Why don't we show some decency and cool it with the lawsuit threats?

Just doesn't sit quite right at that moment.

[Crazy Guggenheim]

49. Class action. They were slandering him when he was alive.

[amazona]

50. class action? Good Lord, what class?

There is no "class" that has been slandered.

Since truth is a defense against slander of a public figure like Andy, then even if he were alive, then all such a lawsuit would do is encourage the other side to insist on full financial disclosure during the discovery process.

Is this seriously what you want? If there have been mistakes made or any funds not properly accounted for in the haste of fund-raising, then you put Andy's friends in jeopardy of criminal or civil action themselves.

Are we so out for blood that we are happy to sacrifice the people who are still alive?

Talk to an attorney in the county where you think you have an action. Talk to several attorneys who litigate civil cases.

I've been there. You are calling for a course of action that at best will waste your time and money and at worst could cause great and lasting harm to Andy's survivors.

I'm sorry, I just don't see it. Conspiring to file a lawsuit against somebody for putting up a damned website -- that is how you plan to celebrate someone's life? Sorry, as I've said, for me it doesn't pass the smell test.

Send flowers. Work for vote reform.

Dragging survivors through the "discovery" process involved in a civil lawsuit is damned cruel.

I wish people would think before shooting from the hip. Please. Discuss this matter in private with your attorney. Not here. Not now.

[Texasgal]

55. Oh thank goodness

someone posted this!

The knee-jerk reactions are not shocking, ofcourse everyone is upset with Andy's passing.

Andy's family needs to deal with how or *IF* they want to pursue this. It is none of our business.

In Andy's honor, we should continue to fight the good fight.

Thank you Amazona, for putting this into perspective.

[RummyTheDummy]

51. Absolutely

The poster above is just plain WRONG. There is a difference between slander and libel. And furthermore, why don' t we let Andy's family decide what they want to do instead of arbitrarily making decisions for them.

[merh]

53. amazing

n/t

[Stephanie]

57. Are you actually advising others to show some decency?

Unbelievable. Maybe you could just sit it out, just for today, huh?

[amazona]

63. I think we should all show some decency

Some apparently watch too much TV and think they smell money. There is no lawsuit lottery, that's television, ya'll.

I've been a plaintiff in a lawsuit. Your finances had better be bulletproof because they are going to be part of the "discovery" process. I had to produce financial documents including IRS records going back a full ten years. Your every action will be scrutinized for the tiniest bit of evidence that can be twisted by the defendent to prove you are dishonest or just making a money grab. And it goes on for years, because civil court is a s-l-o-w process.

Is this what we want for Andy's survivors? To what purpose?

Put aside the lust for revenge and private profit. Now is not the time. Andy's survivors may consult an attorney at the time of their choosing if and when they feel they have a cause of action.

[Stephanie]

64. I call bullshit on you and your disgusting accusations

Nobody is after money. These people mercilessly harrassed Andy while he was deathly ill, up until his death, and TODAY, and you can include yourself in that group. Those whose intent was malicious, who fucked with his PayPal account, who got his Medicaid CANCELLED in Seattle by filing a false complaint, should be PROSECUTED. It was criminal harrassment and it was merciless and maybe you could appreciate it a little bit more if you had been up nights with Andy while he was SOBBBING on the phone because his chemo was delayed while his doctor tried to get his MEDICAID reinstated. I do not believe for one second you have any concern for Andy's family. Even if you are sincere, there is nothing to hide in the fundraising, that it is not the slightest deterrent. The fundraisers did nothing wrong.

"Lust for revenge and private profit" - DESPICABLE - PLEASE GIVE IT A REST ON THE DAY WE LOST ANDY - HONEST TO GOD I JUST CAN'T BELIEVE THIS

[RPM]

59. slander (and defamation torts) can only be asserted by one who is alive

regrettably, that cause of action is moot now...

[youspeakmylanguage]

31. Honestly, I don't think it would work...

You would have to have proof that the owner of Scamdy knew that the information he was posting was wrong and posted it anyway with malicious intent. It would be very hard to prove in a court of law here in the US. In England it would be a different story.

Andy is beyond all of this now. I'm sure there will be some sort of justice for him in the end. I would hate to drag around the bad karma these scumbags have hanging over their heads.

[auburngrad82]

32. That's the Right's "Culture of Life" in action

They'll fight to keep a brain damaged woman alive against her wishes but a liberal who wants to live doesn't qualify for so-called "conservative compassion."

[progressoid]

54. God, thats a nice thought

but sadly, the RW junta get away with even worse all the time.

Fuck it's just about noon. I need another drink.

[Crazy Guggenheim]

65. Sue sue sue!