From the blog of Hemmer Law:
Today, Lin Wood and Todd McMurtry filed their first lawsuit on behalf of Nicholas Sandmann against The Washington Post. The lawsuit filed is included below. The suit seeks $250 million in both compensatory and punitive damages. Lin and Todd will continue to bring wrongdoers before the court to seek damages in compensation for the harm so many have done to the Sandmann family. This is only the beginning.
Among the details:
- In a span of three (3) days in January of this year commencing on January 19, the Post engaged in a modern-day form of McCarthyism by competing with CNN and NBC, among others, to claim leadership of a mainstream and social media mob of bullies which attacked, vilified, and threatened Nicholas Sandmann (“Nicholas”), an innocent secondary school child.
- The Post wrongfully targeted and bullied Nicholas because he was the white, Catholic student wearing a red “Make America Great Again” souvenir cap on a school field trip to the January 18 March for Life in Washington, D.C. when he was unexpectedly and suddenly confronted by Nathan Phillips (“Phillips”), a known Native American activist, who beat a drum and sang loudly within inches of his face (“the January 18 incident”).
- Nicholas stood quietly and respectfully for several minutes after being targeted and bullied by Phillips and Nicholas’ body language remained non-aggressive and passive throughout the incident.
- Nicholas is 16-years of age, is 5’9” in height and weighs 115 pounds.
- The school field trip to the Nation’s capital was the first out-of-state trip Nicholas had ever taken without being with his family.
- In targeting and bullying Nicholas by falsely accusing him of instigating the January 18 incident, the Post conveyed that Nicholas engaged in acts of racism by “swarming” Phillips, “blocking” his exit away from the students, and otherwise engaging in racist misconduct.
- The Post ignored basic journalist standards because it wanted to advance its well-known and easily documented, biased agenda against President Donald J. Trump (“the President”) by impugning individuals perceived to be supporters of the President.
- As a 16-year old secondary school student, Nicholas’ political beliefs are anything but established and entrenched in his young mind.
- Nicholas has zero history of political activism or aggressiveness and did not exhibit any such conduct even when confronted with unbridled racist attacks by activist bullies at the National Mall.
- The Post’s campaign to target Nicholas in furtherance of its political agenda was carried out by using its vast financial resources to enter the bully pulpit by publishing a series of false and defamatory print and online articles which effectively provided a worldwide megaphone to Phillips and other anti-Trump individuals and entities to smear a young boy who was in its view an acceptable casualty in their war against the President.
- Unlike the Post’s abuse of the profession of journalism, Plaintiffs do not bring this lawsuit to use the judicial system to further a political agenda. This lawsuit is brought against the Post to seek legal redress for its negligent, reckless, and malicious attacks on Nicholas which caused permanent damage to his life and reputation.
- The Post bullied an innocent child with an absolute disregard for the pain and destruction its attacks would cause to his life.
- The Post proved itself to be a loud and aggressive bully with a bully pulpit.
- In this country, our society is dedicated to the protection of children regardless of the color of their skin, their religious beliefs, or the cap they wear.
- But the Post did not care about protecting Nicholas. To the contrary, the Post raced with a reckless disregard of the facts and truth because in this day and time there is a premium for being the first and loudest media bully.
- The Post wanted to lead the charge against this child because he was a pawn in its political war against its political adversary – a war so disconnected and beyond the comprehension of Nicholas that it might as well have been science fiction.
- The Post must be dealt with the same way every bully is dealt with and that is hold the bully fully accountable for its wrongdoing in a manner which effectively deters the bully from again bullying other children. In a civil lawsuit, punishment and deterrence is found in awarding money damages to the victim and target of the bully.
- In order to fully compensate Nicholas for his damages and to punish, deter, and teach the Post a lesson it will never forget, this action seeks money damages in excess of Two Hundred and Fifty Million Dollars ($250,000,000.00) – the amount Jeff Bezos, the world’s richest person, paid in cash for the Post when his company, Nash Holdings, purchased the newspaper in 2013.
A Washington Post spokeswoman told CNN Business that the paper is “reviewing a copy of the lawsuit and we plan to mount a vigorous defense.”
UPDATE: President Trump is tweeting his support. He sent this out Wednesday morning: