IT worker sued over ‘vengeful’ cyber harassment of policeman who issued a jaywalking ticket
- Reference: 1717074006
- News link: https://www.theregister.co.uk/2024/05/30/it_worker_defamation_lawsuit_police/
- Source link:
The allegations against John Christopher Spatafore, who worked at Fresno's Community Hospitals of Regional Central California (CHCC) at the time, are broad. They include digital harassment, sextortion, invasion of privacy, infliction of emotional distress, and defamation against the unidentified officer's family. The family is seeking $16.5 million in damages and fees.
The saga began on October 25, 2019, when Spatafore was issued a ticket for jaywalking. Per the civil complaint's account, police bodycam footage of the arresting officer, the main plaintiff, showed the IT worker becoming upset before asking strange, personal, and "vaguely threatening" questions focused on the officer's home address and whether he had children. He also allegedly asked the policeman if he was aware that many officers die of suicide.
[1]
Over the following two weeks, the officer – identified only as John Doe – said he believed Spatafore was trying to break into his personal email and Xfinity accounts. Doe received at least 13 password reset emails during this time, which led to his assumption that the defendant was launching a cyberattack against him.
[2]
[3]
What followed was a barrage of emails, calls, and text messages sent to Officer Doe from all manner of companies with which Spatafore allegedly registered the officer's details, making false inquiries about luxury car purchases and solar panel fittings. The original [4]complaint [PDF], filed on October 19 2021 alleges that Spatafore contacted "thousands" of companies and that contact attempts persisted up until the complaint was filed.
John Doe also alleges that there were "indications" that attempts to break into his home Wi-Fi and router were made, suggesting the defendant was within close proximity to the family home.
[5]
Per the complaint, Spatafore is also alleged to have filed three false police reports. The first impersonated the plaintiff, using his home address, date of birth, email address, and all three phone numbers (home, mobile, work). It included details of a hit and run committed by the officer, riding a police motorcycle on a sidewalk while appearing to be intoxicated on drugs and laughing aloud. The events were found to be untrue following an internal investigation.
The second false report was made impersonating the officer's sister-in-law, purportedly filing the report against Doe on behalf of his wife, alleging domestic violence. The false reports led to another investigation during which the officer's wife, identified only as Jane Doe, was questioned. The complaint asserts that the "humiliating" story spread throughout their community and John Doe's workplace, the Fresno Police Department.
The details of the third false report were never revealed to John Doe by his supervisor, which the complaint suggests was a measure taken to protect the officer.
[6]
According to the complaint, all three reports were traced back to an IP address at CHCC, which the plaintiff claims suggests Spatafore had used his employer's computers to file the reports.
According to Doe's complaint, based on the information included in the reports combined with the nature of Spatafore's employer, local law enforcement suspected the defendant to have also accessed John and Jane Doe's medical records either by himself or with assistance from hospital staff.
The plaintiff goes on to allege that CHCC investigated and confirmed the reports were made using its computers, as were the thousands of fake inquiries to various companies, but said it couldn't determine if medical records were accessed. The complaint went on to claim that CHCC also told Fresno Police that Spatafore had heightened privileges in his role that allowed him to access medical records.
A second [7]amended complaint [PDF] filed on August 31 2022 suggested that Fresno Police confirmed Spatafore had accessed the medical records, but doesn't mention the CHCC confirming this.
The complaint alleges that Spatafore then began a [8]sextortion campaign that directed threatening messages to John and Jane Doe and their daughter. The messages suggested their personal computers and webcams had been compromised and that sensitive videos would be published online within 96 hours unless a payment was made.
The plaintiffs say the messages were set up using an app and they were still being transmitted at the time of the complaint being filed.
The filing claims Spatafore also posed as John Doe when speaking to the City of Fresno, requesting essential services such as water and trash collection be terminated on Thanksgiving Day – November 28, 2019. The family had to spend time explaining it was an impersonation and get the services reinstated.
The defendant was arrested a week earlier, on November 21, while driving within a mile of the Doe family household. The complaint says a black bag in the passenger-side footwell of Spatafore's car contained an unregistered revolver handgun for which he had no license to carry. A subsequent search of his property also found drugs, the complaint alleges.
The plaintiffs claim CHCC informed them that Spatafore's employment was terminated on the day of his arrest.
Spatafore later waived his Miranda rights and confessed to "nearly everything" he was accused of doing to the defendants, or so the complaint alleges. He also wrote an apology to the Doe family, who are seeking $5.55 million in restitution for each of the three plaintiffs.
CHCC is also being sued by the plaintiffs, mainly due to allegations of negligence and what was couched as its failure to curb Spatafore's actions sooner. The complaint alleges that CHCC was or should have been aware of Spatafore's actions since he was so open about it in the workplace and staff's online activities were monitored.
CHCC denies each and every allegation leveled against it, according to its [9]legal response [PDF]. It has also made repeated [10]requests for discovery responses [PDF] from the Doe family which have not always been met, even with deadlines extended.
The Register approached CHCC for comment but it declined, saying: "Because this case is pending, we are unable to comment."
The next important date in the calendar for the case is June 7 – a pretrial discovery conference – which should offer all parties the opportunity to disclose any evidence they believe should be provided.
Completed treatment
Spatafore previously faced criminal charges in addition to the civil lawsuit the Doe family are pursuing against him. However, the criminal case was placed on hold after his lawyer, Corina Burchfield, had him placed in a mental health diversion program.
Completion of such programs can lead to the dismissal of criminal charges and the sealing of arrest records if defendants qualify and complete the full course of treatment, which can last up to two years.
According to court records which The Reg has seen, he "successfully completed ... [the] diversion program, after which the criminal counts were 'dismissed'."
Burchfield told local news outlet The Fresno Bee that Spatafore, a grandfather and regular churchgoer, wasn't "in the right mental state at the time."
"When all of this happened, when he was arrested, he apologized and has been remorseful and apologetic," Burchfield told the publication. "He lost his job of 17 years over this. It was very out of character for him. It ruined his life."
Speaking to the claims made by the police officer, Burchfield [11]said : "He was incredibly upset because this crossed over into his family life and he is using every possible outlet to punish my client and get some sort of compensation," she said. "But [Spatafore] got the help he needed and he is no danger to anybody." ®
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[4] https://regmedia.co.uk/2024/05/29/21cecg03118_first_complaint.pdf
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[7] https://regmedia.co.uk/2024/05/29/21cecg03118_second_amended_complaint.pdf
[8] https://www.theregister.com/2023/06/08/ai_deepfakes_sextortion_fbi/
[9] https://regmedia.co.uk/2024/05/29/21cecg03118_chccs_answer_to_second_amended_complaint.pdf
[10] https://regmedia.co.uk/2024/05/29/21cecg03118_request_for_pretrial_discovery_conference.pdf
[11] https://www.fresnobee.com/news/local/article288493095.html
[12] https://whitepapers.theregister.com/
Re: Strange thing to do someone for
Merica
Re: Strange thing to do someone for
No, not 'Merica'.
Definitely Kalifornia though.
Re: Strange thing to do someone for
Maybe jaywalking should be redefined as 'crossing the road without due care and attention' as opposed to 'not being on a dedicated crossing'.
Re: Strange thing to do someone for
Nah, sorry. Here in the UK even if you attempt to cross even a motorway I don't think the Police will actually arrest you. They'll just tell you to move away for your own safety. (unless you are actually blocking it to "save the planet", in which case they will ask if you'd like some refreshments)
I remember crossing the road in Germany "not on a designated crossing" and got gasps from the locals. It was a quietish road in Franfurt where I was going for a job interview, and I didn't realise until afterwards what the fuss was all about.
It's a stupid law from the land of "Car is King" and I believe the term Jaywalking was even invented by car companies IIRC. This law should be scrapped, and do it like we do here in the UK which pretty much works OK for the vast majority of the time.
But just because it's a stupid law, you still pay the fine or whatever. This guy clearly has serious mental issues and needs help.
Re: in which case they will ask if you'd like some refreshments
Yeah, before they cave your head in with in baton.
FFS, how out of touch with reality are you Steve? Read that in the Daily Mail?
Re: Strange thing to do someone for
Don’t condone his actions at all. I was visiting a client in Boston in the 90’s, found a hotel about 500 meters from the office. Taxi from airport to hotel Sunday night. Walked to the office, I got about 50 meters up the street and was stopped by a cop. He told me I was jaywalking, there were no foot paths, I was on the verge beside the road. Did not get arrested, but was driven back to the hotel and told I either get a taxi or rent a car. Thankfully when I explained this to the receptionist she just told me to hang on a second while she went and got her car, she drove me to the office both days I was there and the client dropped me back.
Still can’t believe this actually happened to me.
Pint, cause I needed a few after the first day, and it’s Thursday now.
Re: Strange thing to do someone for
Reminds me of the time I made a short (2 day) visit to a supplier in Lafayette, Louisiana (also in the 90's). I flew in on the Sunday and was collected from the airport by the supplier's CEO and taken to a local motel. The CEO collected me the following morning to take me to the factory (to troubleshoot a problem they were having), then back to the motel for the Monday night; finally, he drove me to the airport on the Tuesday. I had no car and discovered I was actually stranded in the motel each night as there was no pedestrian access. There was a large shopping mall on the other side of the highway, but it might as well have been on the Moon as far as me being able to get to it.
Re: Strange thing to do someone for
In practice, jaywalking is usually charged when the pedestrian actions are impeding traffic (illegally).
Those cases need to be ticketed.
Re: Strange thing to do someone for
@MJI "The police should be arresting criminals not pedestrians"
That's ok then no pedestrians were arrested in the article just a criminal.
Spatafore the pedestrian was issued a ticket for jaywalking. It was Spatafore the criminal that was arrested for cyber harassment and assorted other crimes.
Re: Strange thing to do someone for
Germans get all bent out of shape about it too. I enjoy crossing at a Red Man there, just to see the locals twitch. Not with cops around, though, in case they don't have that famous German sense of humour.
Re: Strange thing to do someone for
My experience in various European countries is that (a) you're supposed to cross the road at designated crossing points only, (b) drivers pay no regard for anyone crossing the road at designated crossing points.
I think Bill Bryson said something along the lines of European streets being marked out so that the people know where the dead bodies are going to stack up.
Re: Strange thing to do someone for
I once spent a holiday in Morocco. There, they paint zebra crossings on the road but neither pedestrians nor motorists pay any attention to them. Sometimes I wondered whether motorists there knew the difference between right and left.
Re: Strange thing to do someone for
The concept of 'jaywalking' was invented in the USA in the 1920s by automobile clubs and manufacturers to designate roads as a place for cars and not other road users. One PR tactic was a song to suggest that pedestrians who didn't give way to cars were merely unsophisticated country yokels.
The damage that cars have done to Americans (46,000 road deaths on US roads in 2022) and American communities is just staggering.
Meanwhile, back in the land of the free (rural England), coppers won't arrest you if you risk damaging a large truck with your fragile body by crossing a road where you want to.
"It ruined his life"
It bloody well should.
Even if you believe that your ticket was unjust, that does absolutely not excuse a campaign of privacy-invading slander and trouble.
Re: "It ruined his life"
Reading the story, I'm starting to question whether this guy was a hospital employee, or a patient from the psych unit that is "good with computers".
Dude got ticketed crossing the road wrongly. Just say "aw crap", pay a fine, life continues. This reaction was...extraordinary.
In next weeks episode of ....
.... When BOFHs attack!
Strange thing to do someone for
Looked it up and is just crossing a road.
The police should be arresting criminals not pedestrians