IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY
CIVIL DIVISION — LAW
YALE F. EDEIKEN :
:
Plaintiff :
:
vs. : No. 99-C- 2786
:
SCOTT BRADBURY a/k/a :
“DOC TAVISH” a/k/a :
“[email protected]” a/k/a :
“[email protected] flash.net” :
:
13 N Mechanic :
Bellville TX :
:
Defendant JURY TRIAL DEMANDED
COMPLAINT
1 Plaintiff Yale F. Edeiken (hereinafter “Plaintiff”) is a an
adult citizen and resident of Lehigh County, Pennsylvania.
2. Defendant Scott Bradbury (hereinafter “Defendant”) is an adult
citizen and resident of the State of Texas residing at [removed]xxxxxxxxx,
Bellville, Austin County, Texas xxxxx with a telephone number of
xxx-xxx-xxxx.
3. At all times material hereto Defendant was supplied access to
the Internet and to electronic mail (hereinafter “e-mail”)by Flash.net
Communications, Inc., (hereinafter “flash.net”) an internet service
provider located in Forth Worth, Texas, and by other internet service
providers unknown to Plaintiff including several services which allowed
Defendant to publish and communicate by e-mail anonymously.
4. At all times material hereto Defendant published material on
the Internet and by e-mail using aliases which include but are not limited
to of “Doc Tavish,” “[email protected],” “Secret Squirrel,” “Mixmaster,”
“Horst Wessel,” “-88-,” and “Heinrich Himmler.”
5. Defendant is a virulent anti-Semite who refers, inter alia, to
Jews as “vermin,” advocates a “final solution” to the “Jewish problem” in
the United States and endorses the stereotype of Jews propagated by Julius
Striecher and Adolf Hitler stating, inter alia:
“What I like is the Nazi stereotype which shows the Jew as having
brushy eye brows, close set dark beady eyes and all accented by the
bulbous proboscis (big hook nose). I’ve seen the cartoons which shows Jews
looking like rats and I really think they are some of the most hilarious
visual images around- after all look at the typical Hollywood comedians–
all Jews! Who can’t laugh at those rat like faces with the wiggling bushy
eye brows and those rat like snozzolas flapping in the breeze!”
6. At all times material hereto Defendant uses the services
provided by flash.net, with the knowledge and approval of flash.net, to
propagate his message of hate on the internet.
7. In addition to propagating his anti-Semitic propaganda on the
internet, Defendant has in the past and continues in the present to conduct
campaigns of harassment, defamation, and threats of violence against
individuals, including inter alia, the Plaintiff to this action, who
oppose his bigotry meant to frighten, annoy, and intimidate his opponents.
8. Said campaign of stalking and intimidation has been a
consistent pattern of behavior conducted by the Defendant over an extended
period of time.
9. Said campaign has included in the past threats of violence
against his opponents which has included, inter alia, the following threats
of violence:
a. On December 19, 1996, the Defendant publically made the following
threat to Keith Morrison, a citizen of Canada “I am a good shot Talmudist
if you come and find me I will demonstrate my skill to you. Do you have
any idea what the Desert Eagle .50 would do to your head? I would be legal
too- self defense from a rabid virulent anti-Christ. I promise you that
your kind are not welcome in my part of the country and I am on first name
basis with the local D.A. Hunt me down and you will be put out of your
misery like a rabid dog. One shot one kill. dead eye Doc Tavish.”
b. On March 9, 1997, Defendant publically made the following
threat to person unknown “Author: Billy Dale McTavish . . . .Vengeance is
sweet and I know that the day will come when I’ll get to see the sneak
that did this to me get a thorough interrogation from Bruno! I will love
standing there watching him peel your skin off layer by layer with his lash
and ever so methodically. Your screams of pain will fall on deaf ears. I
will take extreme delight in watching the foam come spewing out of your
vile mouth as Bruno gives you another! Do not worry for I will not let him
kill you. You must heal up and become well- so the process can start right
back over again to be repeated again and again. You will see no end to your
pain! I solemnly promise the day will come when the tables will turn.
Destiny will place you at my feet and you will pray for death and it will
by no means come. /s/ Tavish.”
c On April 15, 1997, Defendant published the following threat to Daniel
Keren, Ph. D.: “I do believe that Bruno would derive great pleasure in
applying his craft to Mr. Keren. Yes Bruno is from the old Bavarian School
of inquisitive acquisition. Bruno knows how to stimulate every nerve but
yet not do any sort of damage. Yes Bruno would spend hours in a cold dark
damp dungeon with him. Bruno is a firm believer in the old adage: “No pain,
no gain.” 🙂 Mr. Keren will probably over react to Bruno BUT Bruno went
back home to Bavaria a while back because certain ones in this ng hurt his
feelings! He is a big dumb brute in the common sort of way but he’s such a
likable lug too! I may be able to persuade him to come back but I don’t
know. If I can get Bruno back then may be Gunther and Gerhardt may return
too! They all claim that life is too hard for them in America with all of
this hatred by Nizkooks running around. They say it reminds them of when
the Communists ruled and how the Commies kept files on everyone. Reminds me
of what commie East Germany used to be!”
d. On May 2, 1998, Defendant published the following threat to someone
who disagreed with one of his bigoted rants:: “I just wish these dumb asses
would realize that they can’t get away with this. I’ll send a copy to
tavish-central, a copy to the Houston Branch of the FBI and a copy to the
nut cake’s ISP. Now people can understand why I positively abhor the
majority of Kikes I encounter. Bruno at the moment is muttering about how
nice it would be if he would be allowed to interrogate this person. I agree
that Bruno should be able to apply his talents. I could picture Bruno being
slow and very methodical too! :-)”
e Defendant published the following threat to Mark Van Alstine, a
researcher on the Holocaust: ” . . . . . Mr. Van Alstine is a saboteur of
Nizkor [https://nizkor.org; a site on the Internet about the history of the
Holocaust] and that is all we need to bring hin in for an especially
vigorous interrogation! He will not be so cocky after Bruno works with him.
Don’t worry Bruno has never killed anyone yet and he is a master at his
craft. Bruno could rightfully be called a master of pain for he knows how
to work every nerve and fiber to achieve the results desired with the very
least amount of tissue damage. The man is devoted to his work as a true
artisan!”
f Defendant has published the following threat to Jeffrey G. Brown
“I’ll beat you to a bloody pulp.”
g. Defendant has publically addressed the following threat to a person
publishing anonymous material: “Why don’t you identify yourself then? Bruno
has already picked the lash he will use in my interrogation of you. He at
first opted for his short fat bull whip. This whip does not cut the flesh
but it makes extremely painful throbbing welts that only diminish in pain
over a few days. He has chosen his custom stage coach style whip that is
nearly twenty feet long. Each stroke is just like a hot knife hitting
butter. This whip n each stroke cuts beyond the subcutaneous epidermal
layers. He’ll literally peel you like an onion. Each stroke of this lash
will feel just like having a white hot wire streak across your back and
buttocks. Bruno is an artisan at his craft and he most eagerly awaits
hoisting you up in manacles to administer the “truth serum.” I will relish
watching you flop around like a fish. Pleasant dreams!”
h. Defendant addressed the following threat to Joel Rosenberg, a citizen
of Minnesota: ” Herr Rosenberg so very nice of you to slither out and play
tonight! We all see that you have not for once changed your tone yes? You
will change your tune very soon! They all do; believe me they all do! We
have a nice damp dungeon all prepared for you in Berlin. We will talk at
great length and get to the very root of your attitude yes? I personally
will not let Bruno interrogate you too long no!”
i. Defendant publically addressed the following threat of violence to
another person: “Yeah SOG [sic] just keep your mouth running while you can.
You’ll be squealing like stuck pig when we shove the rotisserie skewer
where the sun don’t shine on April 20th! You’ll cook quite well over an
open fire! You’ll probably give us all gas BUT that is why we’ll have
plenty of Tagment [sic] on hand. Burp! Bruno says that he knows how to
tenderize you too. I think he wants to use his 20 foot whip! Ouch!:
j. Defendant has publically addressed the following threat to another
person: “I can only say that Bruno knows that this happened and right now
he is outside practicing with his whip. Her looks mighty g-d damned furious
in the hot Texas sun cracking that whip. Damn it sounds like a 30′ 06 going
off each time he pops that thing. I’d hate to “Count 25” for him! Yes,
indeedy!! 🙂 Doc Tavish Singing “Our Day Will Come!”
k. In December, 1999, Defendant publically addressed the following threat
to Sara Salzman, a citizen of Colorado: “Bruno [sic] eagerly awaits the day
when he is able to peel your kind like onions with his lash. I could just
see the sweat and blood spray when Bruno lays on the flay. In your case I
wouldn’t want him to damage your hide. I want a new shade for my floor lamp
and a new holster for my Desert Eagle pistol. Bruno would, in your case,
use electricity and the various exploitations of body cavities with large
blunt objects. 🙂 . . . . .Mazel Tob you witch. /s/ Doc Tavish.
j. On or about December 7, 1999, Defendant published the following threat
to an unknown person: “I will get revenge sooner or later for your inciting
blacks to harass me by e-mail. You’re on federal territory now! You WILL be
ferreted out- make no mistake about it! BTW if you were to only think about
it- your very actions only make others believe that I am justified in my
dislike of your kind. You are sneaky rat like vermin meant to be hunted
down and eliminated. 🙂 Just call me the Verminator! /s/ Doc Tavish/”
10. Said campaign of threats was maliciously designed to frighted,
intimidate, annoy, harass, and silence any person who objected to
Defendant’s anti-Semitic agenda by having a chilling effect on any person
expressing or considering expressing opposition to Defendant’s bigotry.
11. Said campaign of harassment and intimidation has included,
inter alia, the publication of the private names and addresses of his
victims and their families with suggestions of violence and the offering of
rewards to those who would supply him with the addresses and telephone
numbers of his victims.
12. Said campaign of harassment has included the forging of
communications and publishing such forgeries representing that they
originated with the victims of his campaigns of harassment.
13. Said campaign of harassment has included the publication and
circulation of claims which are false and known by Defendant to be false
concerning the sexual orientation and practices of his opponents.
14. Said campaign of harassment has included harassment by sending
his opponents harassing electronic communications (e-mail) including sexual
innuendo, threats, and bigoted slurs.
15. Defendant is supported and assisted in his campaigns of
harassment as aforesaid by various accomplices who Plaintiff believes and
therefore avers include, inter alia:
16. The aforesaid campaigns arise from Defendant;’s pathological
hatred of Jew and/or any person opposed to his pathological hatred and are
conducted maliciously, wantonly, wilfully, and recklessly by the Defendant
and his accomplices and in outrageous disregard of the rights of his
victims with the specific purpose of intimidating and silencing his
opponents, intentionally causing them mental distress, anguish and grief,
and adversely affecting their reputation in the communities in which they
reside.
17. That such purpose and intent of Defendant is known to
Defendant’s accomplices who actively support Defendant’s goals and purposes
and assist him in stalking his victims during his campaigns of harassment,
defamation, and intimidation.
18. Such agreement on the part of his accomplices includes the
ethnic prejudice and hatred that motivates Defendant.
19. That said accomplices include, inter alai:
a. David E. Michael, a British neo-Nazi and denier of the Holocaust who is
an adherent of and/or organizer for the neo-Nazi British National Party.
b. Don Ellis, an anti-Semite and debunker of the Holocaust who resides in
Star City, Arkansas.
c. A person publishing material on the internet through remarq.com under
various pseudonyms including but not limited to, “Mike Kalvatis,” “Pat
Blakely,” “Jesus Christ,” “RevWhte,” “Rabbi Brimstone” and various forged
headers. Plaintiff believes and therefore avers that said person is the
aforementioned Don Ellis.
20. That the various accomplices of Defendant are aware of his
activities and act in concert with him and with his aid, assistance and
approval.
21. That the existence, purpose, nature, and intent of Defendant’s
activities is know to flash.net which continues to allow the Defendant to
use their facilities for such purposes and otherwise supports the
activities of the Defendant.
COUNT I: Harassment by Telephonic Communication
21. Plaintiff hereby incorporates by reference Paragraphs 1
through 20 of this Complaint as though set forth fully at length.
22. At various times Defendant has communicated with Plaintiff by
electronic mail (e-nail) which is sent through interstate telephone lines
and received through a telephone connection maintained by Plaintiff and, as
such, constitutes telephonic communication.
23. That as part of his campaign of harassment and intimidation
Defendant has, in the past, sent Plaintiff electronic communications
consisting of the word “kike” repeated several hundred times.
24. That on December 5, 1998, Defendant sent Plaintiff an
electronic communication stating in pertinent part:
“You only want to blow Joe
You want to suck Joe’s Aryan cock, don’t you Yale?
Doc Tavish”
Said telephonic communication is attached hereto and made part
hereof as Exhibit “A-1.”
25 That on December 5, 1998, Defendant sent Plaintiff an
electronic communication stating in pertinent part:
Joe me thinks Yale wants to suck your cock and you’re right –Yale is a
queer — he does suck cock
Doc Tavish”
Said telephonic communication is attached hereto and made part
hereof as Exhibit “A-2.”
26 That on December 5, 1998, Defendant sent Plaintiff an
electronic communication stating in pertinent part:
“Are you homosexual, Yale?
Your last lines look like a faggot speaking or are you merely trying to
make trouble like a malicious fag does
Doc Tavish”
Said telephonic communication is attached hereto and made part
hereof as Exhibit “A-3.”
27. That on December 5, 1998, Defendant sent Plaintiff an
electronic communication stating in pertinent part:
“Yale wants to suck your cock Joe and he doesn’t know how to ask so he
persists in his silly games to get your attention — fags are in a lot of
ways just like little girls — just ignore cock sucker Edeiken and he’ll
most likely will try to go after another person.”
Said telephonic communication is attached hereto and made part
hereof as Exhibit “A-4”
28 That on December 5, 1998, Defendant sent Plaintiff an
electronic communication stating in pertinent part:
“and you still want to wrap your lips around his aryan cock”
Said telephonic communication is attached hereto and made part
hereof as Exhibit “A-5.”
29 That on December 6, 1998, Defendant sent Plaintiff an
electronic communication stating in pertinent part:
Yale Edeiken wants to suck Joe Bellinger’s cock
Said telephonic communication is attached hereto and made part
hereof as Exhibit “A-6”
30. That on December 6, 1998, Defendant sent Plaintiff an
electronic communication stating in pertinent part:
“Yale still wants to suck Joe’s aryan cock”
Said telephonic communication is attached hereto and made part
hereof as Exhibit “A-7”
31 That on December 6, 1998, Defendant sent Plaintiff an
electronic communication stating in pertinent part:
“So why do you still want to suck his cock?
Do you think you’ll become a man by ingesting his manhood?
Doc Tavish”
32 That on December 6, 1998, Defendant sent Plaintiff
an electronic communication stating in pertinent part:
“And you’re still a flaming fag cock sucker/”
Said telephonic communication is attached hereto and made part
hereof as Exhibit “A-9.”
33. That on December 6, 1998, Defendant sent Plaintiff an
electronic communication stating in pertinent part:
“What are you doing, Yale trolling for young boys again ? We all know you
have homosexual tendencies and you call all people homophobes who
oppose”gay rights” We also know how you have slandered the most righteous
Rev Fred Phelps in the past for his stands against the homosexual
lifestyle.
When are you militant homosexuals going to stop your perversions and seek
to live a meaningful life with purpose? Why do you wish to portray
yourself as a thirteen year old female — what would your neighbors in
Allentown Pennsylvania think of your current degradation — have you no
pride at all?”
I guess all you want to do is suck some young boys cock — typical
homosexual sympathist from Nizkor you are — why are Nizkorians so
pro-homosexual — is it because all of you or at least most of you are
homosexual. If any group is comprised of liars it has to be your group
because you all even stoop to trying to deceive nature — now go play with
your Barbie doll faggot child molester
Doc Tavish:
Said telephonic communication is attached hereto and made part
hereof as Exhibit “A-10.”
34 That on December 8, 1998, Defendant sent Plaintiff an
electronic communication stating in pertinent part:
All Nizkooks need to be apprehended, interrogated, and placed in protective
custody until a final solution can be made.
Doc Tavish”
Said telephonic communication is attached hereto and made part
hereof as Exhibit “A11.”
35 That on July 31, 1998, Defendant sent Plaintiff an electronic
communication stating in pertinent part:
“You want to suck Tavish’s, Vange’s and Phillips’ Nazi cocks. Why does your
side call others homophobes? You must either be homo or at least
sympathetic to their utterly disgusting ways! I’d bet that you suck cock
and butt fuck too! Careto deny it?
Bickhus Dickhus
Said telephonic communication is attached hereto and made part
hereof as Exhibit “A-12.”
36. That on November 11, 1999, Defendant sent Plaintiff an
electronic communication stating in pertinent part:
“You want to lick Tavish’s prick like a little kid licks a lollipop.”
Said telephonic communication is attached hereto and made part
hereof as Exhibit “A-13.”
37 That on November 11, 1999, Defendant sent Plaintiff an
electronic communication stating in pertinent part:
“You only act up because Tavish won’t let you use your tongue on him.”
Said telephonic communication is attached hereto and made part
hereof as Exhibit “A-14.”
38 That on November 11, 1999, Defendant sent Plaintiff an
electronic communication stating in pertinent part:
“Yale and Jeffrey want to gang rape Tavish because Tavish won’t give in to
their homosexual lusts.”
Said telephonic communication is attached hereto and made part
hereof as Exhibit “A-15.”
39 That on November 11, 1999, Defendant sent Plaintiff an
electronic communication stating in pertinent part:
“You are just as much of a filthy little cock sucker vermin as your butt
buddy Jeff Brown. You have to rely on out of context quotes and character
assassination. It would be a pleasure to see someone slowly work you over
with an ice pick Yale!”
–digsig
Authentic Doc Tavish
191xllxyGtVQwy0mtCiBjivyX+knCUXYwdRt ptdrtqb
qfQbXQtisWlB/E1+yWkYkw1Wr7mGiAFcJ w6Wl/aU
4GEbQtlQOHN/G3asOLBC9JmQXWuqXwj BnPCuOV9cd
Said telephonic communication is attached hereto and made part
hereof as Exhibit “A-16.”
40. Said telephonic communications were intended and designed to
alarm, harass, intimidate, annoy, distress, and inflict emotional distress
upon Plaintiff and that such damages actually occurred.
41. As a result of which Plaintiff suffered great distress and
mental anguish and was deprived of the enjoyment of life’s pleasures.
42, Said telephonic communications were received by the Plaintiff
within the City of Allentown, County of Lehigh, Commonwealth of
Pennsylvania whereby jurisdiction is vested in this Honorable Court.
43. Said telephonic communications were made in violation of the
criminal laws of the United States and the criminal laws of the
Commonwealth of Pennsylvania.
44, Said telephonic communications were made in violation of the
laws of the Commonwealth of Pennsylvania related to ethnic intimidation.
45. Said telephonic communications were made willfully, wantonly,
and in outrageous disregard of the rights of Plaintiff with the malicious
intent of harassing, alarming, annoying, and/or intimidating Plaintiff and
to have a chilling effect upon his exercise of his right of free speech.
WHEREFORE Plaintiff demands compensatory damages in an amount in
excess of the statutory limit for arbitration in the Court of Common Pleas
of Lehigh County, Commonwealth of Pennsylvania together with punitive
damages in excess of the statutory limits for arbitration in the Court of
Common Pleas of Lehigh County, Commonwealth of Pennsylvania together with
interest costs and a reasonable attorney’s fee.
COUNT II: Harassment by Terorrostic Threat
46. Plaintiff hereby incorporates by reference Paragraphs 1
through 45 of this Complaint as though set forth fully at length.
47. Defendant has, at various times, publically made threat of
violence against Plaintiff consistent with the pattern of his threats
against others.
48 That on November 11, 1999, Defendant sent Plaintiff an
electronic communication stating in pertinent part:
“You are just as much of a filthy little cock sucker vermin as your butt
buddy Jeff Brown. You have to rely on out of context quotes and character
assassination. It would be a pleasure to see someone slowly work you over
with an ice pick Yale!”
–digsig
Authentic Doc Tavish
191xllxyGtVQwy0mtCiBjivyX+knCUXYwdRt ptdrtqb
qfQbXQtisWlB/E1+yWkYkw1Wr7mGiAFcJ w6Wl/aU
4GEbQtlQOHN/G3asOLBC9JmQXWuqXwj BnPCuOV9cd
Said telephonic communication is attached hereto and made part
hereof as Exhibit “A-16.”
49. Said telephonic communication was received by the Plaintiff
within the City of Allentown, County of Lehigh, Commonwealth of
Pennsylvania whereby jurisdiction is vested in this Honorable Court.
50. On November 14, 1999, Defendant made the following public
statement to Plaintiff:
“I’d say that the above is explicit evidence of libel and slander. I surely
wish Mr. Richard Phillips et al immediately files suit, has subpoenas
herewith issued. I will be glad to attend the trial and I hope that a good
public flogging is part of the reparations Yale has to receive in lieu of
monetary damages he will have to render. . . . BTW Richard- Bruno has
volunteered to administer the flogging if is permissible [sic] by the
court. He has been practicing a lot lately. Perhaps he senses something
in the air. I hate saying it but he is somewhat bestial or animalistic in
his instincts but he is loyal to me to the end.”
51. On December 18, 1999, Defendant published the following threat
to Plaintiff:
Subject: Re: WHERE OR WHERE IS TAVISH – I’m standing behind you with my
Desert Eagle .50AE locked and loaded.. . . . . . . I’m standing behind you
with my Desert Eagle .50AE locked and loaded slowly squeezing the trigger
for an excellent one shot- one kill! 🙂 Sleep on that a whil “nazihunter.”
Doc Tavish Knowing Time is on His Side”
52. On December 18, 1999 Defendant published the following
threat to Plaintiff:
“Remember Yale- the jury award I seek is not monetary but to have full
access to you for thirty [sic] minutes in front of the court house to
literally beat you black and blue without any civil or criminal
repercussions. I really believe that this would be the only fair and
equitable verdict! : It will be just you and me Yale and I promise you that
you will think a long damned time because you will hurt for a long time
before you will engineer anymore of your malicious devilish mischief. Doc
Tavish Merrily Waiting on Judgment Day.”
53. On December 19, 1999, Defendant published the following
threat to Plaintiff:
“Subject: Re: WHERE OR WHERE IS TAVISH (Standing Behind Yale With a Big Fat
Truncheon) . . . . Give me a break and just let a court grant me thirty
minutes immunity from any criminal or civil action- I would just love to
beat Yale to a jolly bloody pulp in front of his family. To me this is the
only form of fair justice. I promise that I will not take his life nor do
any permanent physical harm but I guarantee Yale will be sore for a very
long time. That is a solemn promise I would like to make and keep!”
54. Defendant has repeatedly published this and similar threats
to Plaintiff on various occasions since the original publication of these
threats.
55. Said threats were intended and designed to alarm, harass,
intimidate, annoy, distress, and inflict emotional distress upon Plaintiff
and that such damages actually occurred.
56. As a result of which Plaintiff suffered great distress and
mental anguish and was deprived of he enjoyment of life’s pleasures.
57. Said threats were made over the internet in violation of the
criminal laws of the United States and the criminal laws of the
Commonwealth of Pennsylvania.
58, Said threats were made in violation of the laws of the
Commonwealth of Pennsylvania related to ethnic intimidation.
59. Said threats were made willfully, wantonly, and in outrageous
disregard of the rights of Plaintiff with the malicious intent of
harassing, alarming, annoying, and/or intimidating Plaintiff and to have a
chilling effect upon his exercise of his right of free speech.
WHEREFORE Plaintiff demands compensatory damages in an amount in
excess of the statutory limit for arbitration in the Court of Common Pleas
of Lehigh County, Commonwealth of Pennsylvania together with punitive
damages in excess of the statutory limits for arbitration in the Court of
Common Pleas of Lehigh County, Commonwealth of Pennsylvania together with
interest costs and a reasonable attorney’s fee.
COUNT III: Harassment by Incitement of Others
60. Plaintiff hereby incorporates by reference Paragraphs 1
through 59 of this Complaint as though set forth fully at length.
61. As part of his consistent pattern of harassment Defendant has,
individually and in collaboration with others published the names,
addresses, and telephone numbers of his opponents with requests that others
harass those who object to the anti-Semitic propaganda he distributes.
62. Said information has included the names, addresses, and
telephone numbers of his detractors families, parents, children, employers,
associates, and neighbors with instructions that they be contacted with
false and/or outrageous material about his detractors private lives.
63. Said campaigns of stalking and harassment have included the
offering of rewards and other encouragements to various of Defendant’s
accomplices to provide him with such information to assist Defendant in his
stalking, harassment, and intimidation of his victims.
64. Together with the accomplices named above and various others
unknown to Plaintiff, Defendant has compiled and published and/or assisted
in the compilation and publication of the “Nizkor Telephone Book” which
publishes such information in a malicious effort to harass, annoy, and
intimidate his detractors and to have a chilling effect upon their exercise
of their right of free speech
65. Such acts were done maliciously with the intent of harassing,
annoying and intimidating his detractors, adversely affecting their private
lives and employment, and chilling their exercise of their right of free
speech.
66. In or about April, 1998, Defendant commenced such a public
campaign of stalking, harassment, and intimidation against Plaintiff.
67. Prior to commencing this campaign of harassment Defendant
published the following statement on April 28, 1998, directed at Plaintiff
under his nom de plume of “Doc Tavish”:
Hey, Yale, you were right about you being easy to find . What do the folks
in Allentown think knowing the have a socialist living on the block? 🙂 Be
sure to give my regards to “Alta” if you get my drift! /s/ Tavish
Said publication is attached hereto and made part hereof as Exhibit “B-1.”
68. Said message was intended and published in order to alarm and
harass Plaintiff and by making him believe that Defendant knew where
Plaintiff lived, intimidate Plaintiff from publishing material critical of
Defendant.
69. At approximately the same time Defendant, referring to himself
as “Gumshoe Tavish” made similar claims about the location of one Jeffrey
G. Brown and threatened to reveal to the alleged neighbors of Jeffrey G.
Brown that he was a pederast.
70. Shortly thereafter Defendant began to publish Plaintiff’s
name, address, and telephone number using a variety of services which
disguised his location together with requests that others harass the
Plaintiff.
71. The first such message was published on June 1, 1998, with the
phrase “Reach out and touch someone.” Attached. Said post is attached
hereto and made part hereof as Exhibit “B-2.”
72. That the intention of such message was to alarm Plaintiff and
intimidate him from criticizing Defendant and inciting others to criminally
harass Plaintiff.
73, That similar messages were published by Defendant on a regular
and continual basis with the final form of the message being to following
example published on December 7, 1999:
Yale F. Edeiken, ZHID, of 1590 Alta Dr., Allentown, Pa, wants lots of
late night callers, and will even welcome visitors, late nights, to
discuss the Holohoax. He can be reached at 610 435-9820 He even likes
discussing, and even meeting with faggots, and other pedophiles to discuss
matters. His specialties are butt-fucking, cocksucking, and fondling
tinky winkies.
Yale likes to go to peep shows and likes group grope at the local gay bar
in Allentown. -88- Horst Wessel
Said publication is attached hereto and made part hereof as Exhibit
“B-3.”
74. Said message was published by Defendant over one hundred (100)
times.
75. That the intention of such message was to alarm Plaintiff and
intimidate him from criticizing Defendant and inciting others to criminally
harass Plaintiff.
76. In addition to publishing the Plaintiff’s name, address, and telephone
number, Defendant acting individually and by and/or in concert with his
aforementioned accomplices published the names addresses and telephone
numbers of Plaintiff’s ,family including his wife, father, brother, sister,
stepmother and business associates with similar invitations to harass,
annoy and frighten them.
77. Said information was provided both separately and as part of
the aforementioned “Nizkot Telephone Book” where other opponents of
Defendant and his accomplices were similarly harassed.
78. All such publications were made either by the Defendant and/or
with his knowledge, consent, approval, and cooperation.
79. Said publications and incitements were intended and designed
to alarm, harass, intimidate, annoy, distress, and inflict emotional
distress upon Plaintiff and others and that such damages actually occurred.
80. As a result of which Plaintiff suffered great distress and
mental anguish and was deprived of he enjoyment of life’s pleasures.
91. Said publications and incitements were made over the internet
in violation of the criminal laws of the United States and the criminal
laws of the Commonwealth of Pennsylvania.
82, Said threats were made in violation of the laws of the
Commonwealth of Pennsylvania related to ethnic intimidation.
83. Said threats were made willfully, wantonly, and in outrageous
disregard of the rights of Plaintiff with the malicious intent of
harassing, alarming, annoying, and/or intimidating Plaintiff and to have a
chilling effect upon his exercise of his right of free speech.
WHEREFORE Plaintiff demands compensatory damages in an amount in
excess of the statutory limit for arbitration in the Court of Common Pleas
of Lehigh County, Commonwealth of Pennsylvania together with punitive
damages in excess of the statutory limits for arbitration in the Court of
Common Pleas of Lehigh County, Commonwealth of Pennsylvania together with
interest costs and a reasonable attorney’s fee.
COUNT IV: Defamation
84. Plaintiff hereby incorporates by reference Paragraphs 1
through 83 of this Complaint as though set forth fully at length.
85. As part of his publications concerning Plaintiff and other,
Defendant consistently fabricated false allegations against Plaintiff and
others and knowingly published said fabrications as fact with the malicious
intent of damaging the reputations of Plaintiff and others.
87. Said fabrications were known by the Defendant and his
accomplices to be false and defamatory.
88. Many of the said defamatory publications were made directly to
third parties within the Commonwealth of Pennsylvania with the intention of
damaging the reputation of Plaintiff within the community in which he
resides thereby vesting jurisdiction with this Honorable Court.
89. On or about October 26, 1999, Defendant began a campaign of
defamation against Plaintiff by publishing a claim that Plaintiff had sent
hin and electronic communication stating: “”Scottie if only I have you just
one night I’s give you something no woman will ever be able to give you.
Give up women and join our ranks.” Said publication is attached hereto and
made part hereof as Exhibit “C-1.”
90. Said publication was false and defamatory in that it
represented that Plaintiff had made unwanted sexual advances to Defendant.
91. No such communication was made but, rather, it was
maliciously fabricated by Defendant with the intent of defaming Plaintiff.
92. When Plaintiff complained to Defendant about his forgery,
Defendant again published said forgery and threatened to send said
publication to Plaintiff’s internet service provider who would then
“wonder” about the Plaintiff. Said publication is attached hereto and made
part hereof as Exhibit “C-2.”
93. Said publication is a direct admission of the malicious intent
on the part of Defendant to defame Plaintiff.
94. On or about November 2, 1999, Defendant published the claim
that “You have threatened to do a “homosexual gang rape” to be ASSisted by
your pals Jeffrey G. Brown and Ken McVay – what else can you say other than
you’re gay? /s/ Doc Tavish.” Said publication is attached hereto and made
part hereof as Exhibit “C-3.”
95. Said publication was false and defamatory in that it
represented that Plaintiff had threatened Defendant with sexual
molestation.
96. No such communication was made but, rather, it was
maliciously fabricated by Defendant with the intent of defaming Plaintiff.
97 On or about October 27, 1999, Defendant published an article
entitled “Attention Faggots Yale F. Edeiken and Jeffrey G. Brown” in which
he again repeated\ his allegation that Plaintiff had made unwanted sexual
advances to him. Said publication is attached hereto and made part hereof
as Exhibit “C-4.”
98. Said publication was false and defamatory in that it
represented that Plaintiff had made unwanted sexual advances to Defendant.
99. On or about October 27, 1999, Defendant again maliciously
published a communication which he falsely and maliciously claimed had been
written by the Plaintiff and, again, falsely and maliciously claimed that
the Plaintiff had made unwanted sexual advances to hi,. Said publication
is attached hereto and made part hereof as Exhibit “C-5.”
100. Said defamatory publication was forwarded directly to
Enter.net, business located within the County of Lehigh. Commonwealth of
Pennsylvania, thereby vesting jurisdiction in this Honorable Court.
101. On or about October 28, 1999, Defendant again refused to
retract his false and defamatory statements insisting that the fabrications
he had published were accurate. Said publication is attached hereto and
made part hereof as Exhibit “C-6.”
102. Defendant again forwarded said malacious and defamatory
communication to Enter.net, a third person located within Lehigh County,
Commonwealth of Pennsylvania.
103. On or about October 28, 1999, Defendant again refused to
retract his false and defamatory statements insisting that the fabrications
he had published were accurate, stating in pertinent part:
“. . . . what we have here is a textbook case of how homosexuals really
hate being rejected. Yale will not take “NO” as answer [sic] O don’t
care that he can use his tongue in his misguided attempt to show “50 Ways
to Leave My (Female) Lover.”
Said publication is attached hereto and made part hereof as Exhibit “C-7.”
104. On or about November 3, 1999, published a false and
defamatory statement claiming that Plaintiff was sexual pervert engaging in
sex with animals. Said publication is attached hereto and made part
hereof as Exhibit “C-8.”
105. On or about November 3, 1999, Defendant made a further false
and defamatory publication again stating that Plaintiff had sex with
animals and further stating that Plaintiff was a “neo-Bolshevist” who
wanted to turn the United States into a Soviet-style dictatorship. Said
publication is attached hereto and made part hereof as Exhibit “C-9.”
106. On or about November 7, 1999, Defendant again fabricated
material which he claimed had been written by Plaintiff and maliciously
published it on the int4rnet and sent a copy of his false and defamatory
statement to Enter.net, a business located within the County of Lehigh,
Commonwealth of Pennsylvania. Said publication is attached hereto and made
part hereof as Exhibit “C- 10.”
107. On or about November 11, 1999, Defendant published the
following false and defamatory statement about Plaintiff on the internet
stating in pertinent part:
” . . . . .faggots Brown and Edeiken will positively not leave me alone.
What is it about homosexuals that the more they are rejected and dejected
the more they have to keep coming after a person? It must be some
“feminine” quirk resembling “hell hath no fury like a rejected or scorned
woman.” . . . .Again Yale F.. Edeiken won’t leave me alone and now his
fellow anti-Christ and Sodomite is moving in for the kill. See what being
the quintessential Aryan gets you.”
Said publication is attached hereto and made part hereof as Exhibit “C-11.”
108. In addition to the defamatory material recited above
Defendant has continually referred to Plaintiff in his various publications
as a “shyster,” a “criminal” and a “Bolshevist.”
109. In each of the hundreds of times Defendant has maliciously
published such false and defamatory material both published on the internet
and communicated to third persons within the County of Lehigh, Commonwealth
of Pennsylvania material Defendant has intended to adversely effect the
reputation of the Plaintiff.
110. Plaintiff has continually contacted Defendant, informed him
of the defamatory nature of the material that he publishes and sends to
third parties.
111. Plaintiff has additionally contacted Flash.net Communications
and informed them of the various defamatory statements made by Defendant
and the various forgeries he has distributed through their facilities.
112. In response to the demands for retraction Defendant has
replied “Fuck off, Kike.” and “Eat shit, Kike.”
113. Defendant has, further, acted in concert with Flash.net
Communications to block any demands for a retraction by threatening the
internet services of others.
114. Defendant has, further, acted in concert with his accomplices
named above to further spread the defamatory statements published by
Defendant.
115. Said publications and their distribution were intended and
designed to injure the reputation of Plaintiff and alarm, harass,
intimidate, annoy, distress, and inflict emotional distress upon Plaintiff
and others and that such damages actually occurred.
116. As a result of which Plaintiff suffered great distress and
mental anguish and was deprived of the enjoyment of life’s pleasures.
116. Said defamation was done maliciously willfully, wantonly, and
in outrageous disregard of the rights of Plaintiff with the malicious
intent of harassing, alarming, annoying, and/or intimidating Plaintiff and
to have a chilling effect upon his exercise of his right of free speech.
WHEREFORE Plaintiff demands compensatory damages in an amount in
excess of the statutory limit for arbitration in the Court of Common Pleas
of Lehigh County, Commonwealth of Pennsylvania together with punitive
damages in excess of the statutory limits for arbitration in the Court of
Common Pleas of Lehigh County, Commonwealth of Pennsylvania together with
interest costs and a reasonable attorney’s fee.
COUNT V: Invasion of Privacy
117. Plaintiff hereby incorporates by reference Paragraphs 1
through 116. of this Complaint as though set forth fully at length.
118. The falsehoods and forgeries as stated above constitute an
invasion of privacy under the false light doctrine.
119. Said invasions of privacy and their distribution were
intended and designed to injure the reputation of Plaintiff and alarm,
harass, intimidate, annoy, distress, and inflict emotional distress upon
Plaintiff and others and that such damages actually occurred.
120. As a result of which Plaintiff suffered great distress and
mental anguish and was deprived of the enjoyment of life’s pleasures.
121. Said invasions of privacy were done maliciously willfully,
wantonly, and in outrageous disregard of the rights of Plaintiff with the
malicious intent of harassing, alarming, annoying, and/or intimidating
Plaintiff and to have a chilling effect upon his exercise of his right of
free speech.
WHEREFORE Plaintiff demands compensatory damages in an amount in
excess of the statutory limit for arbitration in the Court of Common Pleas
of Lehigh County, Commonwealth of Pennsylvania together with punitive
damages in excess of the statutory limits for arbitration in the Court of
Common Pleas of Lehigh County, Commonwealth of Pennsylvania together with
interest costs and a reasonable attorney’s fee.
Respectfully submitted,_______________________
Yale F. Edeiken
c/o Trainor Law Offices
1720 Fairmont Street
Allentown PA 18104
610-435-9820
Last-Modified: 2001/02/15
