Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
Does v Perdue

Does v Perdue

Ratings: (0)|Views: 643|Likes:
Published by Robert Wilonsky
A mother sues a University Park grandmother for distributing child porn containing images of her underage daughter.
A mother sues a University Park grandmother for distributing child porn containing images of her underage daughter.

More info:

Published by: Robert Wilonsky on Mar 26, 2014
Copyright:Traditional Copyright: All rights reserved

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

09/04/2014

pdf

text

original

 
IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF TEXASDALLAS DIVISIONMARY DOE, Individually,
 
and as
 Next Friend 
 of  ANGELA DOE, a minor,
 
Plainti
s, v.ERIKA SUSAN PERDUE,
 
Defendant.§§§§§§§§§§§CIVIL ACTION NO. ______________ 
PLAINTIFFS’ ORIGINAL COMPLAINT
 
COME NOW Plainti
 Mary Doe
“Plainti
 Mary”
 $
, Individually, and as
 Next Friend 
 of Angela Doe
“Plainti
 Angela”
 $
, complaining of Erika Susan Perdue, Defendant; and  would respectfully show the Court as follows:
I.Nature of the Action 
 
1.1
 
This is a suit for damages arising out of the Defendant’s criminal violations of federal child pornography statutes including 18 U.S.C. § 2252A
 $# 
1
 $
.
 
1.2
 
18 U.S.C. § 2255
“Masha’s Law”
 $
 gives the victims of child pornography a federal private right of action against those who violate enumerated federal criminal statutes related to the receipt and/or distribution of the o
ending images, including 18 U.S.C. § 2252A
 $# 
1
 $
.
 
1.3
 
Plainti
s have been notified that Defendant has pleaded “guilty” to “activity relating to material constituting or containing child pornography.”
 _________________________________ P
LAINTIFFS
 
O
RIGINAL
C
OMPLAINT
 
P
 AGE
1
 OF
11
Case 3:14-cv-01074-D Document 1 Filed 03/26/14 Page 1 of 11 PageID 1
 
 
1.4
 
Under 18 U.S.C. § 2255
 $
, victims who su
er personal injury as a result of the  violations of one or more of such statutes shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney’s fee.
 
1.5
 
18 U.S. C. § 2255
 $
 provides that any such person is deemed to have sustained damages of no less than
%
150,000 in value.
 
1.6
 
 Additionally, 18 U.S.C. § 2252A
 $
 provides a separate federal civil remedy that allows “any person aggrieved” by a violation of Section 2252A to sue for compensatory and punitive damages and the costs of the civil action, including reasonable attorneys’ fees.
II.Parties and Service
 
2.1
 
Plainti
 Angela Doe is a minor and a resident of the State of Texas. Angela Doe” is a pseudonym for the victim depicted in the child pornography series at issue.
 
2.2
 
The Plainti
 Mary Doe is the natural mother of Plainti
 Angela Doe, and is a resident of Texas. “Mary Doe” is a pseudonym.
 
2.3
 
The Defendant is a resident of Texas. The Defendant pleaded guilty to, and  was convicted of, transporting and shipping child pornography in violation of 18 U.S.C. § 2252A
 $# 
1
 $
, and has been sentenced to be imprisoned for a term of 168 months. Prior to her arrest, Defendant’s last known address was
3413 Villanova St., Dallas, Texas, 75225
. Defendant is currently, or soon will be, in the custody of the United States Bureau of Prisons.
 _________________________________ P
LAINTIFFS
 
O
RIGINAL
C
OMPLAINT
 
P
 AGE
2
 OF
11
Case 3:14-cv-01074-D Document 1 Filed 03/26/14 Page 2 of 11 PageID 2
 
III.The Plainti 
s’ Right to Proceed Under Pseudonyms
 
3.1
 
Pursuant to F
EDERAL
R
ULE OF
C
IVIL
P
ROCEDURE
5.2, the name of the minor Plainti
 in this case has been redacted from this document and replaced with the pseudonym “Angela Doe.”
 
3.2
 
Plainti
s are requesting permission to proceed in this case using their pseudonyms in accordance with the applicable law in this circuit.
 
3.3
 
 According to Fifth Circuit precedent, a party may preserve his or her anonymity in judicial proceedings in special circumstances where “the normal practice of disclosing the parties’ identities yields to a policy of protecting privacy in a very private matter.”
 Doe v. Stega
 ! 
, 653 F. 2d 180, 185
5th Cir. 1981
 $
.
 
3.4
 
The Plainti
s’ need for anonymity outweighs any prejudice to the Defendant or the public’s interest in knowing their identity.
 
3.5
 
To the extent this request is opposed by Defendant, or if the Court otherwise deems it necessary, Plainti
s request an opportunity to present evidence and argument to the Court in support of this request.
IV. Jurisdiction and Venue
 
4.1
 
This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 in that this matter invokes federal causes of action contained in 28 U.S.C. 2255
 $
 and 28 U.S.C. 2252A
 $
, and therefore arises under the laws of the United States. This Court has supplemental jurisdiction over the remainder of the claims asserted herein pursuant to 28 U.S.C. 1367.
 _________________________________ P
LAINTIFFS
 
O
RIGINAL
C
OMPLAINT
 
P
 AGE
3
 OF
11
Case 3:14-cv-01074-D Document 1 Filed 03/26/14 Page 3 of 11 PageID 3

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->