Q: Can person A be sued by person B if person A screen shots a persons Instagram profile and sent it to people to ask Q’s?
Person A sent messages to people on person Bs Instagram with the screen shot of his profile and a question regarding if he has offered to buy them a house? Person B found out and is trying to sue Person A, can he do that? He claims I damaged and harassed him by putting his profile that was on private in the eyes of others. When in fact his name isn’t on there and there is no photos of his face.
A:
A wise Texas judge posted on Justia: "You can sue a Ham sandwich." It does not mean that you will win. If he is doing this you may have the right to get his case dismissed by filing what is called a SLAPP motion, because what you did was an exercise of your first amendment rights. If you win you get attorney's fees and the right to counter sue for malicious prosecution. If you are looking for a decision on the merits, you cannot have one because we don't know both sides of the story. If you are served, consult with an attorney and your homeowner's insurance re: coverage, right away because an answer is due in 30 days.
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