SbyNEWS publisher Joe Albero is, yet again, the target of a frivolous lawsuit brought by a supposed public servant. Douglas Devenyns, director of the Wicomico County Detention Center, has filed a $150,000 lawsuit against Albero claiming defamation.
In one sense it’s “HERE WE GO AGAIN!” Albero has already been a target of suits brought by Salisbury police chief Allan Webster and former mayor Barrie Parsons Tilghman. The suit brought by Webster was settled on non-monetary terms. A judge found in favor of Albero in Tilghman’s suit.
In his suit Devenyns claims that Albero is liable for an anonymous comment posted on his web site. According to Devenyns’ attorney:
Kevin Karpinski, a Baltimore attorney representing Devenyns, wrote in the complaint that Albero is liable for the comment, even if he didn't write it. That's because Karpinski charges Albero determines which of the comments submitted by his readers he will publish and whether he will edit them first. Albero erred because he either knew -- or should have known -- the comment was false, Karpinski contends.
There’s just one problem for Devenyns; his attorney evidently didn’t research any of the precedents regarding Section 230 of the Communications Decency Act. First of all, Albero moderates, but does not edit, comments. Even if he did, he could only be held liable for any commentary of his own or any specific changes caused by his editing. Second, there are numerous federal precedents which hold that a blogger IS NOT liable for comments on a web site – regardless of whether the comments are moderated or not. It appears to me that Devenyns and his attorney are simply attempting to direct attention away from pending federal cases against Devenyns.
Personally, I find it interesting that Devenyns’ suit regards a comment that was about the very same issues which he is currently being sued over in US District Court. Granted, that isn’t a defense, in and of itself, but it is interesting. I also find it interesting that yet again we see information regarding a lawsuit given to our local paper BEFORE the defendant has even been served. I’m reminded of Allan Webster’s little war against elected officials and the seeming servitude of the Tilghman Times to all Barrie Tilghman acolytes and against all of her political opponents.
This case should be thrown out on immediately. Then, perhaps the Tilghman Times could ask Wicomico County Executive Rick Pollitt why county department heads are going around and suing taxpayers.
cross posted at Delmarva Dealings
37 comments:
What was the comment?
I was posted on case search on the 24th, so anyone, not just the DT had access to this info
#1. The documents have yet to be served. #2 While the case was on line, none of the documents were available on line. They have Albero's address, why not serve him properly.
hahahahaha... joe loses again. sby doesn't like him.
you made the local news with this story. awesome!
"Second, there are numerous federal precedents which hold that a blogger IS NOT liable for comments on a web site – regardless of whether the comments are moderated or not."
Correct... that is to cover blogger's butt not yours! They aren't responsible for what you say... but you are!
Good luck!
$150k... that's it?!
Joe is in the top 1% income in the US! That is merely pennies to him.
Haven't these people learned? Joe, why won't they leave you alone?
Ill stand with you right to the end my friend. If they cant stand you, well they sure as hell arent going to enjoy me. Long Live Salibury News & the Truth that comes with it.
better get the check book out this one could cost loot.
Let's flip the script.
Let's say Joe held the Director of Detention Center position, and these words came out about him (and having to face co-workers etc). You can bet Joe would be taking the SAME exact actions!
Personal opinions are one thing... but allegations that can harm personal and work careers are another thing. That position doesn't involve running a blog and reporting stories and personal thoughts all the time. It's just a matter of time before you say the wrong thing.
I think you crossed the line with your "thoughts", since they branch away from the guy and involve the Detention Center and people inside the center.
Anon1217 -
"Long Live Salibury News & the Truth that comes with it."
Then please provide the "truth" with this story. Gonna be very tough to prove and it only makes Joe look bad. Plus Joe's past isn't necessarily going to help his cause.
Joe is being sued over an anonymous comment. It wasn't his words and it wasn't a story he produced. Get your facts straight.
Speaking the Truth is never the wrong thing in the United States of America.
Joes past, thats funny. You dont know what a past is.
Hey, why not blame Obama for this one as well. Seems like the next logical step on this blog.
Maybe if these people were doing their jobs,they would not have time and energy to clog the court with lawsuits against anonymous comments-because thats really what it is,anonymous comments.Could there be just enough truth in those comments to make them uncomfortable?
Stop laughing Davis.
Was the commentor right? Isnt that the real question.
Devenyns is being sued in Federal Court with witnesses on record stating they have seen him having sex with staff members, even offering sex to Dr. Sharma for the low low price of $40.00. The question could be asked if Mr. Devenyns is also a pimp for this woman he has been screwing at the jailhouse.
Is his lawyer a law clerk or just plain stupid? He wants to sue Joe because more than likely someone working at the jail made the comment that Devenyns was screwing inmates? Come on, let's get real here. The charging documents already prove by witness accounts that Devenyns was screwing Ms X in his office. The judge is going to laugh this right out of court, if it even goes that far.
Rick Pollitt should have fired Devenyns when Harden turned his report over to him. He brought this on the county with his decision to do nothing when he knew about it. Now the county is being sued right along with Devenyns all because Devenyns can't keep it in his pants.
Bottom line, you don't need a certificate on the wall to see DEVENYNS HAS NO GROUNDS TO STAND ON.
Rumored that dd had same problems in St.Marys County Jail when former warden Welch brought him to Wicomico.
I agree with 1:59 in that most of these problems would have never existed if Rick Pollitt had simply done his job and fired Devenyns when he had the opportunity. Pollitt was made aware of the DDD problem when he (Pollitt) was first elected and he (Pollitt) made the decision to do nothing about it. So the question is, who is really at fault here? I would suggest the Pollitt is as much to blame as anyone and if he had done his job the county would not be in the mess that it is in today.
DDD is no different then chief webster. He's sued just about everyone who has challenged his authority. Look it up.
Can you just imagine what would happen if Albero counter sued. I hope Devinins has very deep pockets.
I hope Albero does countersue and I hope he sues him into the middle of the next century.
JT please get a life and STOP consuming yourself with Joe.....don't you have anything better to do? Oh yeah that's right all of the twinkies and chips are gone....better make a trip to the store and buy some more ON MY TAX DOLLARS!!!!
I totally understand DDD's point. I ONLY read this blog for the fun gossip. I don't use it against anyone but I find it very entertaining. Sometimes I have to go for days without reading it though because I need a break from all the negativity the author breeds. However, all in all, it's just plain entertainment for me except for the mean things.
DDD has put up with a lot of crap and I give him a lot of credit for still continuing to do his job. From what I see, he is doing a great job.
I must give some legal advice here and now! I 've been studying the law for many years. Convicts are easy to convince to testify.
Having said that , Joe , you got made!
This guy is a piece of crap and should not be anywhere near a prison , unless he is in there
with the other criminals.
Sby News is more popular in Salisbury and beyond that any of AAs could ever hope to be. face it, he's influential. Straighten up and fly right or be blogged.
Sounds like a crap case to me. He seems to be just fishing.
Sticks and stones may break my bones..........................
Joe should have his attorneys fees paid if the judge decides this lawsuit is frivolous.
No matter, Good luck and God Bless you Joe.
Karpinskis firm represents just about every jail in Md. against inmate lawsuits. Since this is a personal matter whos footing DDD expenses. I hope not us tax payers and if we are Rick Pollitt better get hold of this situation quick.
DD can't help himself his role model in his early WCDC days was just as cooked as he is! Lie,Cheat,Steal,Whores,Drugs etc... the only difference between 80 % of the guards, administration and prisoners is one group sleeps at home!
Webster's law suit material was leaked to the Times before Albero was served?
Just like his materials were leaked recently?
Maybe his new nickname should be "Leaky Al."
happy WCDC employee??? i didn't know there was such a thing.
Say what you want but unlike the author I would not claim any lawsuit regarding freedom of speech is FRIVOLOUS.
Anon 0742 -
Excellent point. While I meant that Devenyns' suit was frivolous, I stand corrected. This is an important issue.
here's an idea, "IF" Joe happens to lose this case, there would be a precedent to cite. then we could all make bogus anonymous comments about ourselves on deeper pocketed MSM sites and sue them. this seems like a lost cause from the gate.
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