Michelle MacDonald from MacDonald Law Firm, LLC served Michael Brodkorb individually and doing business as Missing In Minnesota, LLC along with John and Mary Does for Defamation.
Mr. Brodkorb was personally served with the lawsuit on June 14th, 2018 at his home. He yelled at the server to get off his property and screamed that the server was trespassing. Apparently, Brodkorb was unhinged and extremely rageful.
Once again, Michael Brodkorb thinks the laws don’t apply to him and that he is in his own protected class. He doesn’t seem to understand that a person coming on your property to serve legal papers is not trespassing. Trespassing refers to being in a place one has no legal right to be. Persons may come on to private property to perform legally recognized functions, including post carriers, meter readers, and process servers. Posting a “no trespassing” sign has no legal effect whatsoever.They’re present for a lawful purpose. Jay Bodzin – Avvo
Never mind the fact that Brodkorb was present and taking photographs when I was arrested at my home for blogging in March and that he was the one that incessantly contacted the police to make sure I was arrested for a noncriminal action. First Amendment Arrest
EXCERPTS FROM THE LAWSUIT
September, 2016, Brodkorb began a social media campaign against Ms. MacDonald. He began posting false and derogatory data, with intent to harm Ms. MacDonald’s personal and professional reputation.
After Brodkorb received cease and desist notices from Ms. MacDonald and her attorneys, Brodkorb ramped up by repeating his false statements, and in January of 2017, he began posting images taken of Ms. MacDonald 3 years earlier, with various posts. The false image of Ms. MacDonald is posted as if it is a mugshot, when in fact it is not.
Brodkorb and the website began using the image with the false claim she is a “person of interest” in a criminal investigation, and has not cooperated with police, and with any random posts, to defame her, when in fact this is not true.
Brodkorb violated numerous provisions of the Code of Ethics of the Society of Professional Journalism
Allison Mann, paralegal for Attorney Lisa Elliott (opposing counsel in the false harassment restraining order filed against me in July 2017) joined him on the website publicly in May 2017.
Brodkorb’s website evolved into and is a tool designed solely to defame, libel, slander and humiliate Ms. MacDonald.
Defendants have lied, and continue to make false statements and false implications, on the website and social media, and in front of the public and claim and imply that Ms. MacDonald being investigated for criminal activity as a “person of interest,” and the sole purpose of which is to defame Ms. MacDonald is a criminal and mentally ill.
Brodkorb has blocked Ms. MacDonald and others who supports her or her client, from his social media, and from emails,
In numerous posts, Brodkorb has consistently attempted with malice and by use of the website to turn anyone Ms. MacDonald associates with, including friends, colleagues, clients, supporters and the general public, against Ms. MacDonald and to defame her.
MacDonald is an attorney with solid professional credentials and a dedicated legal and judicial career representing families and individual family members. By this action, Ms. MacDonald and MacDonald Law Firm, LLC seek to recover damages from Brodkorb and the website. The posts on the website and those disseminated on social media contain false and defamatory statements and innuendos concerning Ms. MacDonald’s experience as a duly licensed and practicing attorney, one of the qualifications to run for Judge.
CLAIM FOR RELIEF COUNT 1 DEFAMATION AND DEFAMATION PER SE
The tort of defamation refers to a false statement, either spoken (“slander”) or written (“libel”) that injures someone’s reputation. However, some types of false statements are considered so damaging that they are deemed defamatory on their face (“defamation per se”). FindLaw.com
COUNT 2 DEFAMATION BY IMPLICATION
Implied defamation occurs where one person/publication/etc. expresses a truth that harms another person’s reputation, by implying an untruth. As the Judge states in RICHARD W. YOUNG v. ALISA A. YOUNG, 2015, “Defamation by implication is premised not on direct statements but on false suggestions, impressions and implications arising from otherwise truthful statements…the language of the communication as a whole [must] be reasonably read both to impart a defamatory inference and to affirmatively suggest that the author intended or endorsed that inference.” Quora.com
WHEREFORE, Plaintiffs, Ms. MacDonald and MacDonald Law Firm, LLC request entry of judgment in their favor and against Defendants, in the following manner:
- Awarding Ms. MacDonald judgment against the Defendants for damages, including but not limited to compensatory damages, future damages, emotional harm damages, an amount in excess of $50,000.
- Awarding MacDonald Law Firm, LLC an amount in excess of $50,000.
- Directing Defendants to take down the false image, including a suggested per diem award for the posting of the false image, of $1,000.00 per day, and as the court deems just, retroactive to January 5, 2017, when Defendants first published the false image.
- Directing Defendants to take whatever action is necessary to have the current statements and objectionable images removed from the website, social media, and replacing it with a statement that deletes the defamatory language and images.
- An Order directing Defendants to cease their wrongful conduct, to publicly admit their wrongful conduct and publicly apologize to Ms. MacDonald.
- Directing Defendants to place reasonable and appropriate advertising, in newspapers, radio and including on social media, correcting the defamatory statements that it reported based on Defendant’s statements in the website and social media;
- Awarding her costs and disbursements and attorneys’ fees herein; and
- Awarding such other and further relief as this Court deems to be just and equitable.
Plaintiffs intend to bring a motion to amend his Complaint, adding a claim for punitive damages pursuant to Minn. Stat. §549.191.
JURY DEMAND Plaintiffs request a trial by jury.
Will Michael Brodkorb have to pay for pushing fake news about real people? Only time will tell.