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Reason
Reason
Politics
Eugene Volokh

Posts About Child Abuse Investigator Weren't "Harassment" That Could Be Enjoined

From K.B. v. D.O., decided today by the Massachusetts Appellate Court (in a nonprecedential opinion by Justices Vickie Henry, Andrew D'Angelo & Christopher Hodgens):

The plaintiff is an investigator for the Department of Children and Families. The plaintiff investigated reports that the defendant had abused or neglected her children. The plaintiff's affidavit asserted that she was "scared for [her] physical safety" because the defendant had posted "continuous threats towards [the plaintiff] online." The threats the plaintiff alleged included the defendant posting on social media a picture of the plaintiff as a juvenile; posting the plaintiff's husband's obituary, which included the names of the plaintiff's children; "using [the plaintiff's] photo to slander government agencies;" and stating that "she will do whatever it takes to take [the plaintiff] down." …

The plaintiff testified that the defendant's actions caused her to feel "terrified, intimidated, fearful and anxious." … The plaintiff also testified that the defendant posted a statement that read, "Closer to her children every single day. That must really freak you out, [plaintiff]. You are probably wetting yourself right now." Finally, the plaintiff alleged that the defendant posted a news story about DCF misconduct, with a comment that the plaintiff was "probably involved." [Based on this, the judge issued a harassment prevention order.] …

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