{"id":74938,"date":"2019-02-19T20:07:55","date_gmt":"2019-02-20T04:07:55","guid":{"rendered":"http:\/\/69.46.6.243\/?p=74938"},"modified":"2019-02-19T20:07:55","modified_gmt":"2019-02-20T04:07:55","slug":"attorneys-for-covington-student-nicholas-sandmann-file-250000000-lawsuit-against-washington-post","status":"publish","type":"post","link":"https:\/\/new.thepinetree.net\/?p=74938","title":{"rendered":"Attorneys for Covington Student Nicholas Sandmann File $250,000,000 Lawsuit Against Washington Post"},"content":{"rendered":"<p>Ft. Mitchell, KY&#8230;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.<\/p>\n<p><iframe loading=\"lazy\" width=\"640\" height=\"360\" src=\"https:\/\/www.youtube.com\/embed\/0JMkzakXgIY\" frameborder=\"0\" allow=\"accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture\" allowfullscreen><\/iframe><\/p>\n<p>UNITED STATES DISTRICT COURT<\/p>\n<p>EASTERN DISTRICT OF KENTUCKY<\/p>\n<p>NORTHERN DIVISION<\/p>\n<p>AT COVINGTON<\/p>\n<p>NICHOLAS SANDMANN, by and through his parents and natural guardians,<\/p>\n<p>TED SANDMANN and JULIE SANDMANN,<\/p>\n<p>                                                                                                        Plaintiffs,<\/p>\n<p>v.<\/p>\n<p>WP COMPANY LLC d\/b\/a THE<\/p>\n<p>WASHINGTON POST,<\/p>\n<p>                                                                                                       Defendant.<\/p>\n<p>PLAINTIFF\u2019S COMPLAINT WITH JURY DEMAND<\/p>\n<p>NOW COMES Nicholas Sandmann, by and through his parents and natural guardians, Ted Sandmann and Julie Sandmann, and by and through his counsel, states his Complaint against Defendant, WP Company LLC d\/b\/a The Washington Post (\u201cthe Post\u201d) as follows:<\/p>\n<p>INTRODUCTION<\/p>\n<p>The Post is a major American daily newspaper published in Washington, D.C. which is credited with inventing the term &#8220;McCarthyism&#8221; in an editorial cartoon published in 1950. Depicting buckets of tar, the cartoon made fun of then United States Senator Joseph McCarthy&#8217;s &#8220;tarring&#8221; tactics of engaging in smear campaigns and character assassination against citizens whose political views made them targets of his accusations.<br \/>\nIn 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 (\u201cNicholas\u201d), an innocent secondary school child.<br \/>\nThe Post wrongfully targeted and bullied Nicholas because he was the white, Catholic student wearing a red \u201cMake America Great Again\u201d 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 (\u201cPhillips\u201d), a known Native American activist, who beat a drum and sang loudly within inches of his face (\u201cthe January 18 incident\u201d).<br \/>\nNicholas stood quietly and respectfully for several minutes after being targeted and bullied by Phillips and Nicholas\u2019 body language remained non-aggressive and passive throughout the incident.<br \/>\nNicholas is 16-years of age, is 5\u20199\u201d in height and weighs 115 pounds.<br \/>\nThe school field trip to the Nation\u2019s capital was the first out-of-state trip Nicholas had ever taken without being with his family.<br \/>\nIn 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 \u201cswarming\u201d Phillips, \u201cblocking\u201d his exit away from the students, and otherwise engaging in racist misconduct.<br \/>\nThe Post ignored basic journalist standards because it wanted to advance its well-known and easily documented, biased agenda against President Donald J. Trump (\u201cthe President\u201d) by impugning individuals perceived to be supporters of the President.<br \/>\nAs a 16-year old secondary school student, Nicholas\u2019 political beliefs are anything but established and entrenched in his young mind.<br \/>\nNicholas 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.<br \/>\nThe Post\u2019s 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.<br \/>\nUnlike the Post\u2019s 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.<br \/>\nThe Post bullied an innocent child with an absolute disregard for the pain and destruction its attacks would cause to his life.<br \/>\nThe Post proved itself to be a loud and aggressive bully with a bully pulpit.<br \/>\nIn 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.<br \/>\nBut 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.<br \/>\nThe Post wanted to lead the charge against this child because he was a pawn in its political war against its political adversary \u2013 a war so disconnected and beyond the comprehension of Nicholas that it might as well have been science fiction.<br \/>\nThe 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.<br \/>\nIn 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) \u2013 the amount Jeff Bezos, the world\u2019s richest person, paid in cash for the Post when his company, Nash Holdings, purchased the newspaper in 2013.<br \/>\nTHE JANUARY 18 INCIDENT<\/p>\n<p>On January 18, 2019, Nicholas attended the March for Life on a school trip chaperoned by sixteen adults, nine of whom were faculty members at Nicholas\u2019 school, Covington Catholic High School (\u201cCovCath\u201d).<br \/>\nNicholas and his classmates were instructed to meet at the steps of the Lincoln Memorial at the National Mall by 5:00 p.m. to catch their buses for the return trip to Kentucky.<br \/>\nNicholas was wearing a red cap Make America Great Again cap (\u201cMAGA cap\u201d) that he had purchased that day as a souvenir.<br \/>\nWhile at the National Mall, a small group of adult gentlemen who describe themselves as Hebrew Israelites \u2013 a known hate group \u2013 began verbally assaulting and taunting Nicholas and his CovCath classmates with, including but not limited to, threats of physical violence and vitriol, calling the students \u201cincest babies,\u201d \u201cdirty ass crackers,\u201d and \u201cfuture school shooters.\u201d<br \/>\nOne of Nicholas\u2019 classmates requested and received permission from a school chaperone to engage in CovCath school sports cheers in an effort to ignore and drown out the hate speech being hurled at them by the Hebrew Israelites.<br \/>\nThe school cheer is intended and undertaken to promote unity and school pride and should have been correctly seen as a positive act, not a racist act.<br \/>\nDuring the school cheer, Phillips and a small group of his companions \u2013 all of whom had been participating in the Indigenous Peoples March at the National Mall that day \u2013 instigated a confrontation with Nicholas and his CovCath classmates.<br \/>\nRather than focusing their attention on the Hebrew Israelites, who had been relentlessly insulting both the teenagers for almost an hour and the Native Americans attending the Indigenous Peoples March before that, Phillips and his activist companions approached the CovCath students from a distance while beating drums, singing, dancing, and carrying cameras to capture the confrontation on video.<br \/>\nApparently, Phillips, a phony war hero, was too intimidated by the unruly Hebrew Israelites to approach them, the true troublemakers, and instead chose to focus on a group of innocent children \u2013 a much safer endeavor for activist tactics of intimidation.<br \/>\nWhen Phillips first approached them, many of the CovCath students \u201cfelt like he was coming into their group to join in with the students\u2019 cheers.\u201d<br \/>\nPhillips intentionally walked up to the crowd of CovCath students.<br \/>\nThe CovCath students did not move toward Phillips or otherwise actively approach or surround Phillips.<br \/>\nNicholas and the students merely acquiesced in Phillips\u2019 election to enter their group and beat his drum within inches of Nicholas\u2019 face.<br \/>\nOnce within their group, Phillips freely moved about, briefly walking up to certain students within the group, which included many children who were not CovCath students.<br \/>\nPhillips then walked directly up to where Nicholas was standing on the steps of the Lincoln Memorial so that he could confront Nicholas and bully him by getting in his face.<br \/>\nPhillips, a 64-year-old man attired in Native American garb and a stranger to Nicholas, continued to beat his drum and sing loudly within inches of Nicholas\u2019 face for several minutes while staring at Nicholas.<br \/>\nContrary to his false statements in media interviews after the January 18 incident that he was trying to move to the top of the steps of the Lincoln Memorial, Phillips approached the students from a distance and walked past clear pathways to the steps to the Lincoln Memorial.<br \/>\nMoreover, when Phillips then waded into the students\u2019 crowd and specifically confronted Nicholas, Phillips never made any attempt to move past, around, or away from Nicholas even though he could have done so at any time.<br \/>\nPrior to being directly confronted by Phillips, Nicholas had not noticed Phillips at the National Mall.<br \/>\nNicholas did not confront Phillips.<br \/>\nNicholas did not move toward Phillips.<br \/>\nNicholas did not make any movement to block Phillips\u2019 path or prevent Phillips from physically moving wherever he wished.<br \/>\nNicholas was startled and confused by the actions of Phillips in singling him out and confronting him.<br \/>\nDuring the confrontation instigated by Phillips, Nicholas stood still as he was concerned that turning away from Phillips might be considered a sign of disrespect.<br \/>\nWhile he stood there with Phillips beating a drum near his face and singing loudly, Nicholas remained silent and did not utter a single word to Phillips.<br \/>\nNicholas did not make any gestures by hand or otherwise toward Phillips.<br \/>\nNicholas made only one gesture while being confronted by Phillips \u2013 he quietly signaled a classmate to refrain from responding to profanity-laced insults being directed at the student by one of Phillips\u2019 companions.<br \/>\nAt all times, Nicholas acted respectfully, responsibly, appropriately, and in a manner consistent with the values instilled upon him by his family and his religious faith.<br \/>\nThe confrontation ended when Nicholas and his fellow CovCath students were instructed to board the buses.<br \/>\nIndeed, when Nicholas walked away quietly to board the bus, Phillips turned away from the Lincoln Memorial and outwardly celebrated some perceived \u201cwin\u201d over Nicholas and his CovCath classmates, with his companion shouting \u201cI got him, man, I got him! \u2026 We won grandpa, we fucking won grandpa!\u201d<br \/>\nDuring the January 18 incident, Nicholas:<br \/>\ndid not swarm or otherwise actively surround Phillips;<br \/>\ndid not target or confront Phillips;<br \/>\ndid not assault or physically intimidate Phillips in any manner;<br \/>\ndid not move from where he was standing when Phillips approached him;<br \/>\ndid not block Phillips\u2019 path or egress;<br \/>\ndid not taunt or mock Phillips or anyone else present;<br \/>\ndid not utter a single word toward Phillips;<br \/>\ndid not engage in chanting, jeering, or clapping with or at Phillips;<br \/>\ndid not taunt or hurl any political chant or racial slur at anyone, including Phillips, any other Native American, or the Hebrew Israelites; and<br \/>\ndid not engage in any conduct whatsoever that could be accurately described or characterized as racist.<br \/>\nOn January 19, 20 and 21, the Post ignored the truth and falsely accused Nicholas of, among other things, \u201caccost[ing]\u201d Phillips by \u201csuddenly swarm[ing]\u201d him in a \u201cthreaten[ing]\u201d and \u201cphysically intimidat[ing]\u201d manner as Phillips \u201cand other activists were wrapping up the march and preparing to leave,\u201d \u201cblock[ing]\u201d Phillips path, refusing to allow Phillips \u201cto retreat,\u201d \u201ctaunting the dispersing indigenous crowd,\u201d chanting \u201cbuild that wall,\u201d \u201cTrump2020,\u201d or \u201cgo back to Africa,\u201d and otherwise engaging in racist and improper conduct which ended only \u201cwhen Phillips and other activists walked away.\u201d<br \/>\nONLINE VIDEOS OF THE JANUARY 18 INCIDENT<\/p>\n<p>On the evening of January 18, 2019, at 7:33 p.m., Kaya Taitano, a participant in the Indigenous Peoples March, posted online a selectively edited 59 second video depicting only a small portion of the interaction between Nicholas and Phillips, and later that night, she posted a 3 minute 44 second video. (collectively, the \u201cTaitano Videos\u201d).<br \/>\nThe Taitano Videos did not show, among other things:<br \/>\nthe Hebrew Israelites\u2019 misconduct and homophobic, racist slurs directed to the CovCath students;<br \/>\nthat Phillips had approached the students and inserted himself into their area before confronting Nicholas;<br \/>\nthat the students were already engaged in school cheers at the time Phillips approached;<br \/>\nNicholas engaging in any misconduct;<br \/>\nNicholas making any gesture of any kind except to, at times, awkwardly smile;<br \/>\nNicholas uttering any words to Phillips or his companions;<br \/>\nNicholas moving into Phillips\u2019 path;<br \/>\nNicholas blocking Phillips\u2019 exit; or<br \/>\nNicholas physically or verbally threatening Phillips in any manner.<br \/>\nAt 11:13 p.m. on January 18, 2019, @2020fight, a fake Twitter account with a following of approximately 41,000, tweeted a 1 minute 1 second clip from the Taitano Videos with the comment \u201cThis MAGA loser gleefully bothering a Native American protestor at the Indigenous Peoples March.\u201d (the \u201c2020fight Video\u201d).<br \/>\nThe 2020fight Video, alone, is reported as having been viewed at least 2,500,000 million times, retweeted 14,000 times, and liked 27,000 times before the account was suspended by Twitter no later than January 21.<br \/>\nSnapshots of the 2020fight video show it to have been viewed at least 10.6 million times.<br \/>\nAccording to media reports, the @2020fight account was created in December 2016, tweeted an average of 130 times a day, and was suspicious for its high follower count, unusually high rate of tweets, highly polarized and yet inconsistent political messaging, and the use of someone else\u2019s image in the profile photo.<br \/>\nIn fact, as acknowledged by the Post on January 23, the @2020fight account was likely a fraudulent account available for sale on Shoutcart.com.<br \/>\nBy January 23, the Post conceded that the @2020fight account that was largely responsible for the edited video going viral on social media may have been purchased from Shoutcart.com for that specific purpose.<br \/>\nWith no investigation into the @2020fight account, the Post actively, negligently, and recklessly participated in making the 2020fight Video go viral on social media when on January 19 at 9:21 a.m., Post reporter Joe Heim re-posted the 2020fight Video.<br \/>\nThe Post was the one of the first, if not the first, mainstream media outlet to expand coverage of the January 18 incident from social media to mainstream media.<br \/>\nPost reporter Heim was given credit for contributing to the Post\u2019s first online article within approximately four (4) hours of his retweet of the 2020fight Video and was listed on the by-line in the Post\u2019s first print article, along with Antonio Olivo and Cleve R. Wootson, Jr.<br \/>\nAn accurate video as to what occurred on January 18, 2019, was available online on January 19, 2019, when Shar Yaqataz Banyamyan, one of the Hebrew Israelites who was present for the encounter between Phillips and Nicholas, posted a 1 hour and 46-minute video on Facebook (the \u201cBanyamyan Video\u201d).[1]<br \/>\nA plethora of relevant video was also available online but ignored by the Post and the mainstream and social media mob of bullies which the Post sought to lead to further its biased agenda.<br \/>\nFrom online video and fair use of media broadcasts, Nicholas\u2019 counsel produced a fourteen-minute video distilling what occurred on January 18, entitled \u201cNicholas Sandmann: The Truth in 15 Minutes\u201d (the \u201cSandmann Video\u201d), available at https:\/\/www.youtube.com\/watch?v=lSkpPaiUF8s.<br \/>\nThe Banyamyan and Sandmann Videos accurately set forth the truth of the January 18 incident.<br \/>\nThe Banyamyan and Sandmann Videos demonstrate that this incident was intentionally instigated by Phillips and that Nicholas was targeted by a professional activist whose false accusations neatly fit the mainstream and social media\u2019s anti-Trump agenda.<br \/>\nThe Banyamyan and Sandmann Videos demonstrate that Nicholas did not engage in any of the misconduct described by the Post.<br \/>\nNICHOLAS\u2019 STATEMENT AND NBC INTERVIEW<\/p>\n<p>On the afternoon of January 20, in an attempt to stem the threats of physical violence being made against him, his family, and his CovCath classmates, Nicholas made public a statement in which he provided a detailed and accurate factual description of the January 18 incident. A copy of Nicholas\u2019 January 20 statement is attached hereto as Exhibit A.<br \/>\nOn January 23, in a further attempt to stem the threats of physical violence being made against him, his family, and his CovCath classmates, Nicholas gave an interview to Savannah Guthrie on the Today show on NBC, in which he reiterated his detailed and accurate factual description of his encounter with Phillips in the face of accusatory questioning by Guthrie.<br \/>\nAN INVESTIGATION REVEALS THE TRUTH<\/p>\n<p>The Post did not conduct a proper investigation before publishing its false and defamatory statements of and concerning Nicholas.<br \/>\nA false and defamatory statement of and concerning Nicholas was also published by the Diocese of Covington on January 19 before a proper investigation had been conducted by the Diocese.<br \/>\nSubsequently, the Diocese of Covington retained through its counsel a third-party investigative firm, Greater Cincinnati Investigation, Inc. (\u201cGCI\u201d), to formally determine what occurred during the January 18 incident at the National Mall.<br \/>\nOn February 11, 2019, GCI issued its Final Investigative Report (the \u201cGCI Report\u201d), a true and correct copy of which is attached hereto as Exhibit B.<br \/>\nOn February 11, 2019, Diocese Bishop Foys released the GCI Report and said in a letter to the Covington Catholic parents that the GCI Report exonerated the students and demonstrated that the students did not instigate the incident at the Lincoln Memorial. A true and correct copy of said letter is attached hereto as Exhibit C.<br \/>\nThe GCI Report is entirely consistent with all video evidence as well as statements issued by Nicholas and other CovCath students and chaperones.<br \/>\nAccording to the GCI Report, four (4) licensed investigators spent approximately 240 man hours investigating the incident, interviewed 43 students and 13 chaperones, reviewed approximately 50 hours of Internet activity, and attempted to interview Phillips, who failed to respond to phone calls, emails, or investigators who waited outside his home for 6 hours and left a note asking him to contact them.<br \/>\nThe GCI Report made the following key findings:<br \/>\nNicholas\u2019 January 20 statement accurately reflects the January 18 incident.<br \/>\nThere was \u201cno evidence that students responded [to the Black Hebrew Israelites] with any offensive or racist statements of their own.\u201d<br \/>\nThe students asked their chaperones if they could perform school cheers to drown out the Hebrew Israelites\u2019 invective, and upon receiving approval, they performed the same cheers that are commonly performed at football or basketball games.<br \/>\nThere was \u201cno evidence that the students performed a \u2018Build the Wall\u2019 chant.\u201d<br \/>\nDefendant Phillips approached the Covington Catholic students.<br \/>\nThere was \u201cno evidence of offensive or racist statements by students to Mr. Phillips or members of his group.\u201d<br \/>\nThe majority, if not all, of the MAGA hats being worn by students were purchased before, during, or after the March for Life.<br \/>\nIn previous years, some students had purchased \u2018Hope\u2019 hats in support of President Obama.<br \/>\n\u201cMr. Phillips\u2019 public interviews contain some inconsistencies. . . .\u201d<br \/>\nPHILLIPS\u2019 INCONSISTENT AND FALSE CLAIMS<\/p>\n<p>Phillips is known to have given at least six interviews to mainstream media, including the Post, CNN, The Associated Press, Detroit Free Press, MSNBC, and Democracy Now.<br \/>\nThe accusations of Phillips and his companions, as published by the Post and the others identified above are remarkable in their inconsistency with each other.<br \/>\nAccording to the first Post print article, Phillips stated that the students \u201csuddenly swarmed around him as he and other activists were wrapping up the march.\u201d<br \/>\nAccording to The Associated Press, Phillips stated that \u201che felt compelled to get between two groups with his ceremonial drum to defuse a confrontation.\u201d<br \/>\nAccording to the first Post online article, Phillips said he was trying to \u201cexit out of this situation and finish my song at the Lincoln Memorial.\u201d<br \/>\nAccording to the second Post print article, \u201cPhillips said he was trying to reach the top of the memorial, where friends were standing.\u201d<br \/>\nAccording to Democracy Now!, Phillips stated that \u201cI wasn\u2019t focusing on anybody except taking the youth out of there, the Indigenous youth that was with me, out of that situation, and that\u2019s when Mr. Sandmann stood in front of me and blocked my path.\u201d<br \/>\nAccording to the first Post print article, Phillips stated that it \u201cwas getting ugly\u201d and he needed to find \u201can exit out\u201d of there, but Nicholas \u201cblocked [his] way and wouldn\u2019t allow me to retreat.\u201d<br \/>\nBut according to the second Post print article, Phillips queried \u201cwhy should I go around him?\u201d<br \/>\nDespite Phillips\u2019 claim that the students yelled \u201cbuild that wall,\u201d \u201cgo back to Africa,\u201d and \u201cgo back to the reservation,\u201d no video evidence exists substantiating this accusation.<br \/>\nDespite an attorney for the Lakota People Law Project, Chase Iron Eyes\u2019, claim as reported in the first Post print article that the incident \u201cended when Phillips and other activists walked away\u201d and Phillips\u2019 claim that he was trying to reach the top of the steps, the incident ended only when Nicholas left for his bus and Phillips then turned away from the top of the stairs and celebrated his perceived \u201cwin\u201d with his companions.<br \/>\nDespite Phillips\u2019 claims that the students left because they were \u201crunning from the police,\u201d the video evidence and statements of witnesses demonstrate that the students left to catch their buses.<br \/>\nAlthough Phillips has previously claimed to have served in Vietnam, it is now evident that though Phillips was in the Marines, he was never deployed overseas.<br \/>\nTHE POST COVERAGE<\/p>\n<p>The Post rushed to lead the mainstream media to assassinate Nicholas\u2019 character and bully him, publishing their first article no later than 1:37 p.m. January 19. This story was not \u201chot\u201d or \u201cbreaking news.\u201d  To the extent the Post performed any investigation at all into what occurred, its unreasonable investigation did not take long, and contrary information did not stop it from publishing its first story in its Sunday newspaper the next day.  One of the reporters on the story first retweeted the video approximately four hours before receiving credit for the Post\u2019s first article.  In the intervening time, the Post apparently managed to track down and interview Phillips, write a story, and fan the flames of the social media mob into a mainstream media frenzy of false attacks and threats against Nicholas.<br \/>\nIn the Post\u2019s own words \u2013 albeit a far cry from the true scope of the false and defamatory accusations it made against Nicholas \u2013 the readers of the Post\u2019s coverage were \u201clicensed to conclude that the students saw [Phillips] from afar, targeted him and advanced.\u201d Of course, the Post\u2019s readers were also licensed to falsely conclude that Nicholas physically and verbally assaulted Phillips while blocking his egress from a mob of students who were similarly engaged in racist conduct.<br \/>\nThe Post, whose coverage emphasized that Nicholas was wearing a \u201cMAGA\u201d hat, contributed to the rampant cyber-assault and cyber-bullying suffered by Nicholas in the aftermath of its initial reporting which was also undertaken in mass by the mob of other bullies made up of other members of the mainstream media, individuals tweeting on Twitter, church officials, celebrities, and politicians.<br \/>\nEven the Twitter platform itself jumped into the bully pulpit and was influenced by early media coverage of the Post, as demonstrated when its \u201cmoment\u201d feature falsely accused Nicholas and his classmates of \u201cmocking\u201d Phillips. According to reports, a Twitter spokesperson stated \u201cTwitter Curation strives to fairly and accurately contextualize the nature of large conversations on the platform \u2026 The original Covington video appeared on Friday night.  However, the Curation team did not compile a Moment until additional news media reporting emerged to provide context to the video \u2013 this included a source video interview with Nathan Phillips, which was featured in the Moment.\u201d<br \/>\nPARTIES, JURISDICTION, AND VENUE<\/p>\n<p>Nicholas Sandmann and his parents reside in Kenton County, Kentucky.<br \/>\nNicholas is a 16-year old 11th grade student who attends CovCath, an all-male Catholic high school in Park Hills, Kentucky.<br \/>\nThe Post is a foreign corporation existing under the laws of the State of Delaware with its principal place of business being located at 1301 K. Street NW, Washington, D.C. 20071. The Post may be served by delivery of a copy of the summons and complaint to its duly-appointed registered agent, C T Corporation System, 1015 15th Street NW, Suite 1000, Washington, D.C. 20005.<br \/>\nThere exists complete diversity of citizenship between Plaintiffs and the Post.<br \/>\nThe amount in controversy greatly exceeds Seventy-Five Thousand Dollars ($75,000.00), exclusive of interests, costs, and attorneys\u2019 fees, as required to sustain subject-matter jurisdiction in this Court.<br \/>\nThis Court has subject-matter jurisdiction over this matter pursuant to 28 U.S.C. \u00a7 1332(a).<br \/>\nThe Post has one of the largest print circulations and number of online subscribers in the country.<br \/>\nThe Post transacts business in the State of Kentucky, including through the sale of print newspapers and online subscriptions, and committed the tortious acts identified herein in the State of Kentucky.<br \/>\nThe Post published the print and online articles identified herein in the State of Kentucky.<br \/>\nThe Post has intentionally sought and obtained benefits from their tortious acts in the State of Kentucky.<br \/>\nThe Post directed its unlawful and bullying conduct at Nicholas, a citizen of Kentucky.<br \/>\nNicholas suffered substantial reputational and emotional harm in this District.<br \/>\nThere is a reasonable and direct nexus between the Post\u2019s tortious conduct in Kentucky and the harm suffered by Nicholas in Kentucky and beyond.<br \/>\nThe Post is subject to the jurisdiction of this Court pursuant to KRS 454.210.<br \/>\nVenue is proper in this District pursuant to 28 U.S.C. \u00a7 1391(b) because the Post is subject to personal jurisdiction in this District and\/or a substantial part of the events giving rise to this claim occurred in this District, including publication and injury.<br \/>\nCAUSE OF ACTION FOR DEFAMATION<\/p>\n<p>Nicholas reasserts and incorporates by reference paragraphs 1 through 110 of this Complaint as if fully restated herein.<br \/>\nThe Post published to third parties without privilege no less than six false and defamatory articles of and concerning Nicholas, including two in its print newspaper and four online. This number does not include those articles that the Post updated and changed after initial publication.<br \/>\nOn January 19, 2019, the Post published online its first false and defamatory article entitled \u201c\u2018It was getting ugly\u2019: Native American drummer speaks on MAGA-hat wearing teens who surrounded him\u201d (the \u201cFirst Article\u201d). A true and correct copy of the First Article is attached hereto as Exhibit D.<br \/>\nThe First Article features Nicholas prominently by publication of the @2020fight and\/or Taitano Videos and emphasizing his alleged involvement as the \u201cone standing about a foot from the drummer\u2019s face wearing a relentless smirk.\u201d<br \/>\nThe First Article communicated the false and defamatory gist that Nicholas instigated a confrontation with Phillips and subsequently engaged in racist conduct.<br \/>\nThe First Article communicated the false and defamatory gist that Nicholas assaulted and\/or physically intimidated Phillips.<br \/>\nThe First Article communicated the false and defamatory gist that Nicholas engaged in racist taunts.<br \/>\nIn its First Article, the Post published or republished the following false and defamatory statements:<br \/>\nThe headline \u201c\u2018It was getting ugly\u2019: Native American drummer speaks on the MAGA-hat wearing teens who surrounded him.\u201d<br \/>\n\u201cIn an interview Saturday, Phillips, 64, said he felt threatened by the teens and that they suddenly swarmed around him as he and other activists were wrapping up the march and preparing to leave.\u201d<br \/>\n\u201cPhillips, who was singing the American Indian Movement song of unity that serves as a ceremony to send the spirits home, said he noticed tensions beginning to escalate when the teens and other apparent participants from the nearby March for Life rally began taunting the dispersing indigenous crowd.\u201d<br \/>\n\u201cA few people in the March for Life crowd began to chant \u2018Build that wall, build that wall,\u2019 he said.\u201d<br \/>\n\u201c\u2018It was getting ugly, and I was thinking: \u2018I\u2019ve got to find myself an exit out of this situation and finish my song at the Lincoln Memorial,\u2019 Phillips recalled. \u2018I started going that way, and that guy in the hat stood in my way and we were at an impasse.  He just blocked my way and wouldn\u2019t allow me to retreat.\u2019\u201d<br \/>\n\u201c\u2018It clearly demonstrates the validity of our concerns about the marginalization and disrespect of Indigenous peoples, and it shows that traditional knowledge is being ignored by those who should listen most closely,\u2019 Darren Thompson, an organizer for the [Indigenous Peoples Movement], said in the statement.\u201d<br \/>\n\u201cChase Iron Eyes, an attorney with the Lakota People Law Project, said the incident lasted about 10 minutes and ended when Phillips and other activists walked away.\u201d<br \/>\n\u201c\u2018It was an aggressive display of physicality. They were rambunctious and trying to instigate a conflict,\u2019 he said.  \u2018We were wondering where their chaperones were.  [Phillips] was really trying to defuse the situation.\u2019\u201d<br \/>\n\u201cPhillips, an Omaha tribe elder who also fought in the Vietnam war, has encountered anti-Native American sentiments before . . . .\u201d<br \/>\nOn January 20, the Post updated its Second Article (the \u201cSecond Article\u201d). A true and correct copy of the Second Article is attached hereto as Exhibit E.<br \/>\nThe Second Article, as updated and in addition to the gists identified above in the First Article, communicated the false and defamatory gist that Nicholas\u2019 behavior violated the fundamental standards of his religious community and violated the policies of his school such that he should be expelled.<br \/>\nIn its false and defamatory Second Article, in addition to those identified in the First Article, the Post published or republished the following false and defamatory statements:Exhibit A<br \/>\n\u201c\u2018We [Bishop Foys and the Diocese of Covington] condemn the actions of the Covington Catholic High School students towards Nathan Phillips specifically, and Native Americans in general,\u2019 the statement said. \u2018The matter is being investigated and we will take appropriate action, up to and including expulsion.\u2019 \u2026 The diocese\u2019s statement expressed regret that jeering, disrespectful students from a Catholic school had become the enduring image of the march.\u201d<br \/>\nOn January 20, 2019, the Post published in print its third false and defamatory article entitled \u201cMarcher\u2019s accost by boys in MAGA caps draws ire\u201d (the \u201cThird Article\u201d). A true and correct copy of the Third Article is attached hereto as Exhibit F.<br \/>\nThe Third Article was published in the Post\u2019s Sunday edition of its newspaper.<br \/>\nThe Third Article referenced the viral @2020fight and\/or Taitano Videos that had gone viral, prominently featuring Nicholas, and emphasized Nicholas\u2019 alleged involvement as the \u201cone standing about a foot from the drummer\u2019s face wearing a relentless smirk.\u201d<br \/>\nThe Third Article communicated the false and defamatory gist that Nicholas instigated a confrontation with Phillips and subsequently engaged in racist conduct.<br \/>\nThe Third Article communicated the false and defamatory gist that Nicholas assaulted and\/or physically intimidated Phillips.<br \/>\nThe Third Article communicated the false and defamatory gist that Nicholas\u2019 behavior violated the fundamental standards of his religious community.<br \/>\nThe Third Article communicated the false and defamatory gist that Nicholas\u2019 behavior violated the policies of his school such that he should be expelled.<br \/>\nIn its Third Article, the Post published or republished the following false and defamatory statements:<br \/>\nThe headline \u201cMarcher\u2019s accost by boys in MAGA caps draws ire.\u201d<br \/>\n\u201cIn an interview Saturday, Phillips, 64, said he felt threatened by the teens and that they suddenly swarmed around him as he and other activists were wrapping up the march and preparing to leave.\u201d<br \/>\n\u201cPhillips, who was singing the American Indian Movement song that serves as a ceremony to send the spirits home, said he noticed tensions beginning to escalate when the teens and other apparent participants from the nearby March for Life rally began taunting the dispersing indigenous crowd.\u201d<br \/>\n\u201cA few people in the March for Life crowd began to chant \u2018Build that wall, build that wall,\u2019 he said.\u201d<br \/>\n\u201c\u2018It was getting ugly, and I was thinking: \u2018I\u2019ve got to find myself an exit out of this situation and finish my song at the Lincoln Memorial,\u2019 Phillips recalled. \u2018I started going that way, and that guy in the hat stood in my way and we were at an impasse.  He just blocked my way and wouldn\u2019t allow me to retreat.\u2019\u201d<br \/>\n\u201c\u2018It clearly demonstrates the validity of our concerns about the marginalization and disrespect of Indigenous peoples, and it shows that traditional knowledge is being ignored by those who should listen most closely,\u2019 Darren Thompson, an organizer for the [Indigenous Peoples Movement], said in the statement.\u201d<br \/>\n\u201c\u2018We [Bishop Foys and the Diocese of Covington] condemn the actions of the Covington Catholic High School students towards Nathan Phillips specifically, and Native Americans in general,\u2019 the statement said. \u2018The matter is being investigated and we will take appropriate action, up to and including expulsion.\u2019\u201d<br \/>\n\u201cChase Iron Eyes, an attorney with the Lakota People Law Project, said the incident lasted about 10 minutes and ended when Phillips and other activists walked away.\u201d<br \/>\n\u201c\u2018It was an aggressive display of physicality. They were rambunctious and trying to instigate a conflict,\u2019 he said.  \u2018We were wondering where their chaperones were.  [Phillips] was really trying to defuse the situation.\u2019\u201d<br \/>\n\u201cIn that role, he [Phillips] has encountered anti-Native American sentiment before . . . .\u201d<br \/>\nOn January 20, 2019, the Post published online its fourth false and defamatory article entitled \u201cOpposed to the dignity of the human person\u2019: Kentucky Catholic diocese condemns teens who taunted vet at March for Life\u201d (the \u201cFourth Article\u201d). A true and correct copy of the Fourth Article is attached hereto as Exhibit G.<br \/>\nThe Fourth Article referenced the viral @2020fight and\/or Taitano Videos that had gone viral, prominently featuring Nicholas, and emphasized Nicholas\u2019 alleged involvement as being the \u201cteen, shown smirking at him in the video, was blocking him from moving.\u201d<br \/>\nThe Fourth Article communicated the false and defamatory gist that Nicholas instigated a confrontation with Phillips and engaged in racist conduct.<br \/>\nThe Fourth Article communicated the false and defamatory gist that Nicholas assaulted Phillips.<br \/>\nThe Fourth Article communicated the false and defamatory gist that Nicholas\u2019 behavior violated the fundamental standards of his religious community.<br \/>\nThe Fourth Article communicated the false and defamatory gist that Nicholas\u2019 behavior violated the policies of his school such that he should be expelled.<br \/>\nIn its Fourth Article, the Post published or republished the following false and defamatory statements:<br \/>\nThe headline \u201cOpposed to the dignity of the human person\u2019: Kentucky Catholic diocese condemns teens who taunted vet at March for Life.\u201d<br \/>\n\u201cA viral video of a group of Kentucky teens in \u2018Make America Great Again\u2019 hats taunting a Native American veteran on Friday \u2026\u201d<br \/>\n\u201cA few of the young people chanted \u2018Build that wall, build that wall,\u2019 the man said, adding that a teen, shown smirking at him in the video, was blocking him from moving.\u201d<br \/>\n\u201c\u2018We condemn the actions of the Covington Catholic high school students towards Nathan Phillips specifically, and Native Americans in general,\u2019 a statement by the Roman Catholic Diocese of Covington and Covington Catholic High School read. \u2018We extend our deepest apologies to Mr. Phillips. This behavior is opposed to the Church\u2019s teachings on the dignity and respect of the human person. The matter is being investigated and we will take appropriate action, up to and including expulsion.\u2019\u201d<br \/>\nOn January 20, 2019, the Post published online its fifth false and defamatory article entitled \u201cMost young white men are much more open to diversity than older generations\u201d (the \u201cFifth Article\u201d). A true and correct copy of the Fifth Article is attached hereto as Exhibit H.<br \/>\nThe Fifth Article emphasized Nicholas\u2019 alleged involvement by stating that \u201cone of their [the students\u2019] members appeared to physically intimidate Nathan Phillips \u2026\u201d<br \/>\nThe Fifth Article communicated the false and defamatory gist that Nicholas instigated a confrontation with Phillips and subsequently engaged in racist conduct.<br \/>\nThe Fifth Article communicated the false and defamatory gist that Nicholas assaulted and\/or physically intimidated Phillips.<br \/>\nIn its Fifth Article, the Post published or republished the following false and defamatory statements:<br \/>\n\u201cFriday\u2019s incident near the Lincoln Memorial in which a group of high school boys confronted an elderly Native American man sent a ripple of fear and anger across the country. The image of a group of high school boys clad in \u2018Make America Great Again\u2019 hats, smirking and laughing as one of their members appeared to physically intimidate Nathan Phillips resurfaced tensions that have been simmering since President Trump\u2019s campaign began.\u201d<br \/>\n\u201cAt one point, some reportedly chanted, \u2018Build the wall!\u2019\u201d<br \/>\n\u201cIt\u2019s clear from Friday\u2019s incident on the Mall that the young men who confronted the Native American protester had somehow internalized that their behavior was acceptable.\u201d<br \/>\nOn January 21, 2019, the Post published in print its sixth false and defamatory article entitled \u201cFuller view emerges of conflict on Mall\u201d (the \u201cSixth Article\u201d). A true and correct copy of the Sixth Article is attached hereto as Exhibit I.<br \/>\nThe Sixth Article was published in the Post\u2019s Monday edition of its newspaper.<br \/>\nThe Sixth Article references Nicholas by name.<br \/>\nThe Sixth Article communicated the false and defamatory gist that Nicholas instigated a confrontation with Phillips and subsequently engaged in racist conduct.<br \/>\nThe Sixth Article communicated the false and defamatory gist that Nicholas assaulted and\/or physically intimidated Phillips.<br \/>\nThe Sixth Article communicated the false and defamatory gist that Nicholas\u2019 behavior violated the fundamental standards of his religious community.<br \/>\nThe Sixth Article communicated the false and defamatory gist that Nicholas\u2019 behavior violated the policies of his school such that he should be expelled.<br \/>\nIn its Sixth Article, the Post published or republished the following false and defamatory statements:<br \/>\n\u201cThe Israelites and students exchanged taunts, videos show. The Native Americans and Hebrew Israelites say some students shouted, \u2018Build the wall!\u2019\u201d<br \/>\n\u201cWhen I took that drum and hit that first beat \u2026 it was a supplication to God,\u201d said Nathan Phillips, a member of the Omaha tribe and a Marine veteran. \u2018Look at us, God, look at what is going on here; my America is being torn apart by racism, hatred, bigotry.\u2019\u201d<br \/>\n\u201cWhile the groups argued, some students laughed and mocked them . . . . \u2018They were sitting there, mocking me as I was trying to teach my brothers, so yes the attention turned to them,\u2019 Israel told The Washington Post.\u201d<br \/>\n\u201cPhillips said he and his fellow Native American activists also had issues with the students throughout the day. \u2018Before they got centered on the black Israelites, they would walk through and say things to each other, like, \u2018Oh, the Indians in my state are drunks or thieves,\u2019 the 64-year-old said.\u201d<br \/>\n\u201cPhillips said he heard students shout, \u2018Go back to Africa!\u2019\u201d<br \/>\n\u201c\u2018They were mocking my ancestors in a chant \u2026\u2019 he said.\u201d<br \/>\n\u201cJon Stegenga, a photojournalist who drove to Washington on Friday from South Carolina to cover the Indigenous Peoples March, recalled hearing students say \u2018build the wall\u2019 and \u2018Trump 2020.\u2019 He said it was about that time that Phillips intervened.\u201d<br \/>\n\u201cMost of the students moved out of his way, the video shows. But Sandmann stayed still.  Asked why he felt the need to walk into the group of students, Phillips said he was trying to reach the top of the memorial, where friends were standing.  But Phillips also said he saw more than a teenage boy in front of him.  He saw a long history of white oppression of Native Americans.  \u2018Why should I go around him?\u2019 he asked.  \u2018I\u2019m just thinking of 500 years of genocide in this country, what your people have done.  You don\u2019t even see me as a human being.\u2019\u201d<br \/>\n\u201c\u2018He [Phillips] was dealing with a lot of feelings, as he was being surrounded and not being shown respect,\u2019 the photographer said.\u201d<br \/>\n\u201cSchool officials and the Catholic Diocese of Covington released a joint statement Saturday condemning and apologizing for the students\u2019 actions. \u2018The matter is being investigated and we will take appropriate action, up to and including expulsion,\u2019 the statement said.\u201d<br \/>\nOn January 21, 2019, the Post published online its seventh false and defamatory article entitled \u201cViral standoff between a tribal elder and a high schooler is more complicated than it first seemed\u201d (the \u201cSeventh Article\u201d). A true and correct copy of the Seventh Article is attached hereto as Exhibit J.<br \/>\nThe Seventh Article references Nicholas by name.<br \/>\nThe Seventh Article communicated the false and defamatory gist that Nicholas instigated a confrontation with Phillips and subsequently engaged in racist conduct.<br \/>\nThe Seventh Article communicated the false and defamatory gist that Nicholas assaulted Phillips.<br \/>\nThe Seventh Article communicated the false and defamatory gist that Nicholas\u2019 behavior violated the fundamental standards of his religious community.<br \/>\nThe Seventh Article communicated the false and defamatory gist that Nicholas\u2019 behavior violated the policies of his school such that he should be expelled.<br \/>\nIn its Seventh Article, the Post published or republished the following false and defamatory statements:<br \/>\n\u201cThe Israelites and students exchanged taunts, videos show. The Native Americans and Hebrew Israelites say some students shouted, \u2018Build the wall!\u2019\u201d<br \/>\n\u201cWhen a Native American elder intervened, singing and playing a prayer song, scores of students around him seem to mimic and mock him, a video posted Monday shows.\u201d<br \/>\n\u201cThe Kentucky teens\u2019 church apologized on Saturday, condemning the students\u2019 actions.\u201d<br \/>\n\u201c\u2018When I took that drum and hit that first beat \u2026 it was a supplication to God,\u2019 said Nathan Phillips, a member of the Omaha tribe and a Marine veteran. \u2018Look at us, God, look at what is going on here; my America is being torn apart by racism, hatred, bigotry.\u2019\u201d<br \/>\n\u201cWhile the groups argued, some students laughed and mocked them . . . .\u201d<br \/>\n\u201c\u2018They were sitting there, mocking me as I was trying to teach my brothers, so, yes, the attention turned to them,\u2019 Israel told The Washington Post.\u201d<br \/>\n\u201cPhillips said he and his fellow Native American activists also had issues with the students throughout the day. \u2018Before they got centered on the black Israelites, they would walk through and say things to each other, like, \u2018Oh, the Indians in my state are drunks or thieves,\u2019 the 64-year-old said.\u201d<br \/>\n\u201cPhillips said he heard students shout, \u2018Go back to Africa!\u2019\u201d<br \/>\n\u201c\u2018They were mocking my ancestors in a chant . . . .\u2019 he said.\u201d<br \/>\n\u201cJon Stegenga, a photojournalist who drove to Washington on Friday from South Carolina to cover the Indigenous Peoples March, recalled hearing students say \u2018build the wall\u2019 and \u2018Trump 2020.\u2019 He said it was about that time that Phillips intervened.\u201d<br \/>\n\u201cMost of the students moved out of his way, the video shows. But Sandmann stayed still.  Asked why he felt the need to walk into the group of students, Phillips said he was trying to reach the top of the memorial, where friends were standing.  But Phillips also said he saw more than a teenage boy in front of him.  He saw a long history of white oppression of Native Americans.  \u2018Why should I go around him?\u2019 he asked.  \u2018I\u2019m just thinking of 500 years of genocide in this country, what your people have done.  You don\u2019t even see me as a human being.\u2019\u201d<br \/>\n\u201c\u2018He [Phillips] was dealing with a lot of feelings, as he was being surrounded and not being shown respect,\u2019 the photographer said.\u201d<br \/>\n\u201cSchool officials and the Catholic Diocese of Covington released a joint statement Saturday condemning and apologizing for the students\u2019 actions. \u2018The matter is being investigated and we will take appropriate action, up to and including expulsion,\u2019 the statement said.\u201d<br \/>\nThe First, Second, Third, Fourth, Fifth, Sixth, and Seventh Articles are collectively referred to herein as the \u201cArticles.\u201d<br \/>\nOn January 19, 2019, the Post also posted to its Twitter page and published to approximately 13 million followers its First Article with the following false and defamatory captions, all within a span of 14 minutes, and all within the same thread:<br \/>\n\u201cIn an interview with The Post, Omaha Tribe elder Nathan Phillips says he \u2018felt like the spirit was talking through me\u2019 as teens jeered and mocked him.\u201d<br \/>\n\u201cHe was singing the American Indian Movement song of unity that serves as a ceremony to send the spirits home. \u2018It was getting ugly, and I was thinking: \u2018I\u2019ve got to find myself an exit out of this situation and finish my song at the Lincoln Memorial.\u2019\u201d<br \/>\n\u201cPhillips, who fought in the Vietnam War, says in an interview \u2018I started going that way, and that guy in the hat stood in my way and we were at an impasse. He just blocked my way and wouldn\u2019t allow me to retreat.\u2019\u201d<br \/>\nThese three tweets are collectively referred to herein as the \u201cTweets,\u201d true and correct copies of which are attached hereto as Exhibit K.<br \/>\nIn addition to the false and defamatory gists of the First Article, the Tweets also independently communicated the false and defamatory gists that Nicholas engaged in racist conduct and that Nicholas assaulted Phillips.<br \/>\nThe Tweets and Articles are collectively referred to herein as the \u201cFalse and Defamatory Accusations.\u201d<br \/>\nAs the natural and foreseeable consequence of its actions, the Post knew and intended that its False and Defamatory Accusations would be republished by others, including media outlets and others on social media.<br \/>\nNICHOLAS IS A PRIVATE FIGURE<\/p>\n<p>Nicholas is a private figure for the purposes of this defamation action, having lived his entire life outside of the public eye.<br \/>\nPrior to the January 18 incident, Nicholas had no notoriety of any kind in the community at large.<br \/>\nNicholas did not engage the public\u2019s attention to resolve any public issue that could impact the community at large.<br \/>\nNicholas made no public appearances prior to the false accusations against him.<br \/>\nNicholas has not inserted himself into the forefront of any public issue.<br \/>\nNicholas\u2019 limited public statements after the accusations against him were reasonable, proportionate, and in direct response to the false accusations against him and do not render Nicholas a limited purpose public figure.<br \/>\nTHE POST PUBLISHED NEGLIGENTLY AND WITH ACTUAL MALICE<\/p>\n<p>The Post published its False and Defamatory Accusations negligently and with actual knowledge of falsity or a reckless disregard for the truth.<br \/>\nAs one of the world\u2019s leading news outlets, the Post knew but ignored the importance of verifying damaging, and in this case, incendiary accusations against a minor child prior to publication.<br \/>\nThe negligence and actual malice of the Post is demonstrated by its utter and knowing disregard for the truth available in the complete video of the January 18 incident which was available contemporaneously with the edited clip the Post chose because it appeared to support its biased narrative.<br \/>\nInstead of investigation and publishing the true story, the Post recklessly rushed to publish its False and Defamatory Accusations in order to advance its own political agenda against President Trump.<br \/>\nIn doing so, the Post lifted the incident from social media and placed it in the mainstream media, giving its False and Defamatory Accusations credibility and permanence.<br \/>\nThe Post negligently published its False and Defamatory Accusations by departing from the reasonable standard of care employed by journalists, including those standards articulated by the Society of Professional Journalists\u2019 Code of Ethics.<br \/>\nThe Post\u2019s collective conduct demonstrates a purposeful avoidance of the truth and the publication of the False and Defamatory Accusations with actual knowledge of falsity following its review of the complete video evidence and Nicholas\u2019 statement no later than January 20.<br \/>\nThe Post negligently and recklessly published its False and Defamatory Accusations by failing to conduct a reasonable investigation prior to publication.<br \/>\nThe Post\u2019s failure to investigate is heightened where, as here, the January 18 incident was not breaking news and involved a minor child.<br \/>\nThe Post negligently and recklessly published its False and Defamatory Accusations by failing to conduct a reasonable investigation by not having a credible or reliable source for its publications.<br \/>\nThe Post negligently and recklessly published its False and Defamatory Accusations by relying on unreliable and biased sources with questionable credibility.<br \/>\nIndeed, the Post negligently and recklessly relied upon only Phillips and other Native Americans with a biased pre-disposition.<br \/>\nPhillips, himself, is wholly unreliable and lacks credibility as shown in part by his false claim to have served in Vietnam while a member of the military, as a professional activist with a known bias against President Trump and his supporters, his documented history of making similar false accusations, his use of the January 18 incident to promote his own political and personal agenda, the contradictions in his story established in his interviews, and that the video evidence that totally refute his story.<br \/>\nThe Post published its False and Defamatory Accusations in continued reliance upon those it knew to have political and personal biases, including Chase Iron Eyes of the Lakota People Law Project who was, in effect, managing and\/or representing Phillips, Jon Stegenga who had also attended the Indigenous Peoples March, Deb Haaland who is a politician with a demonstrable bias against President Trump, and the Hebrew Israelites whose lack of credibility is widely known.<br \/>\nThe Post had obvious reasons to doubt the veracity of its purported firsthand sources, including because they are manifestly biased and because the short video evidence on which the Post relied did not show Nicholas or the students swarming Phillips, uttering the chants or slurs they were accused of making, or Nicholas or the students blocking Phillips\u2019 egress.<br \/>\nThe Post further had reason to doubt the veracity of its social media sources, including Kaya Taitano and @2020fight. Kaya Taitano also had a known bias having been present to support the Indigenous Peoples March, and the @2020fight account bore all the hallmarks of being a fraudulent account with a political agenda, as later proven true.<br \/>\nThe Post consciously elected to ignore this contrary information in favor of its pre-conceived false narrative against President Trump and his supporters.<br \/>\nThe only category of individuals present at the January 18 incident that the Post chose not to rely upon were the CovCath students.<br \/>\nThe Post negligently and recklessly failed to consult publicly available information demonstrating its False and Defamatory Accusations to be false, including, without limitation, other video evidence available online demonstrating that Phillips specifically approached the students and specifically confronted Nicholas, and that Nicholas did not engage in swarming, surrounding, mocking, taunting, blocking, or otherwise physically intimidating Phillips or anyone else present.<br \/>\nNot only was the Post aware that the snippets of video it reviewed did not support its False and Defamatory Accusations, but it was also aware that the video it reviewed was woefully incomplete, but the Post nonetheless published its accusations against Nicholas without any further investigation.<br \/>\nThe Post continued to publish its False and Defamatory Accusations with actual knowledge of falsity, having reviewed video evidence and statements of Nicholas Sandmann contradicting its False and Defamatory Accusations.<br \/>\nThe Post negligently and recklessly failed to seek information from other obvious sources who would have demonstrated its False and Defamatory Accusations to be false, including Nicholas, his classmates, and\/or the chaperones present at the January 18 incident.<br \/>\nThe Post negligently and recklessly published its False and Defamatory Accusations despite internal inconsistencies in Phillips\u2019 claims as well as material differences in his statements to other outlets published January 19 and 20.<br \/>\nThe Post negligently and recklessly published its False and Defamatory Accusations in derogation of accepted principles of journalistic ethics, including by failing to use heightened sensitivity when dealing with juveniles.<br \/>\nThe Post negligently and recklessly published its False and Defamatory Accusations in derogation of accepted principles of journalistic ethics, including by failing to verify each before publication.<br \/>\nThe Post negligently and recklessly published its False and Defamatory Accusations in derogation of accepted principles of journalistic ethics, including by failing to take special care not to misrepresent or oversimplify its coverage, and by failing to provide any appropriate context to its False and Defamatory Accusations.<br \/>\nThe Post negligently and recklessly published its False and Defamatory Accusations in derogation of accepted principles of journalistic ethics, including by failing to avoid stereotyping.<br \/>\nThe Post negligently and recklessly published its False and Defamatory Accusations in derogation of accepted principles of journalistic ethics, including by failing to examine the way in which its own biases and agenda shaped its false reporting.<br \/>\nThe Post negligently and recklessly published its False and Defamatory Accusations in derogation of accepted principles of journalistic ethics, including by failing to treat Nicholas as a human being deserving of respect.<br \/>\nThe Post negligently and recklessly published its False and Defamatory Accusations in derogation of accepted principles of journalistic ethics, including by wrongfully placing the anti-Trump, anti-Catholic, and pro-life agenda over the harm its False and Defamatory Accusations caused to Nicholas.<br \/>\nAt the time of its initial reporting of and concerning Nicholas, the Post did not know Nicholas\u2019 age and did not make any reasonable attempt to ascertain it despite the general knowledge that Nicholas was a high school student.<br \/>\nNicholas\u2019 counsel propounded a demand for retraction upon the Post on February 14, a copy of which is attached hereto as Exhibit L.<br \/>\nThe Post\u2019s actual malice is further evidenced by its failure to retract is False and Defamatory Accusations.<br \/>\nThe Post published its False and Defamatory Accusations with common law malice, including because it intended to harm Nicholas because he was a white, Catholic boy wearing a MAGA hat, and consciously ignored the threats of harm that it knew would inevitably ensue, in favor of its political agenda.<br \/>\nThe Post published its False and Defamatory Accusations with common law malice, demonstrated by its failure to retract its False and Defamatory Accusations despite the harm and danger it knew would be inflicted upon Nicholas.<br \/>\nThe Post published its False and Defamatory Accusations with common law malice, including because it callously ignored the consequences of its actions upon a minor child.<br \/>\nDAMAGES<\/p>\n<p>The publication of the False and Defamatory Accusations directly and proximately caused substantial and permanent damage to Nicholas.<br \/>\nThe False and Defamatory Accusations were republished by third-parties and members of the mainstream and social media mob of other bullies, which was reasonably foreseeable.<br \/>\nThe False and Defamatory Accusations against Nicholas are defamatory per se, as they are libelous on their face without resort to additional facts, and as clearly demonstrated here, Nicholas was subjected to public hatred, contempt, scorn, obloquy, and shame.<br \/>\nAs a direct and proximate result of the False and Defamatory Accusations, Nicholas suffered permanent harm to his reputation.<br \/>\nAs a direct and proximate result of the False and Defamatory Accusations Nicholas suffers and will continue to suffer severe emotional distress.<br \/>\nAs a direct and proximate result of the False and Defamatory Accusations Nicholas is forced to live his life in a constant state of concern over his safety and the safety of his family.<br \/>\nThe Post published its False and Defamatory Accusations with actual malice and common law malice, thereby entitling Nicholas to an award of punitive damages.<br \/>\nThe Post\u2019s conduct was outrageous and willful, demonstrating that entire want of care that raises a conscious indifference to consequences.<br \/>\nNicholas is entitled to an award of punitive damages to punish the Post and to deter it from repeating such egregiously unlawful misconduct in the future.<br \/>\nWHEREFORE, Nicholas respectfully prays:<\/p>\n<p>That judgment be entered against the Post for substantial compensatory damages in an amount not less than Fifty Million Dollars ($50,000,000.00);<br \/>\nThat judgment be entered against the Post for punitive damages in an amount not less than Two Hundred Million Dollars ($200,000,000.00)<br \/>\nThat Nicholas recover his reasonable attorneys\u2019 fees and expenses from the Post;<br \/>\nThat all costs of this action be taxed to Post; and<br \/>\nThat the Court grant all such other and further relief that the Court deems just and proper, including equitable relief.<br \/>\nRespectfully submitted this 19th day of February, 2019.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Ft. Mitchell, KY&#8230;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 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":74940,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_cbd_carousel_blocks":"[]","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[20,17,1],"tags":[],"class_list":["post-74938","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-featured","category-national-news","category-news","last_archivepost"],"jetpack_featured_media_url":"https:\/\/new.thepinetree.net\/wp-content\/uploads\/2019\/02\/wplaw.jpg","jetpack_sharing_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/posts\/74938","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=74938"}],"version-history":[{"count":0,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/posts\/74938\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/media\/74940"}],"wp:attachment":[{"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=74938"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=74938"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=74938"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}