Litigation

California Federal Judge Awards California Woman $6,462,600 Against Former Boyfriend Who Engaged In Revenge Porn After Relationship Ended

A California woman who dated a man in Philadelphia found herself to be the victim of revenge porn when their relationship ended in the Spring of 2013. The woman, identified in court documents only under the pseudonym Jane Doe, claimed that David K. Elam, II called her in May of 2013 and threatened to ruin her life. Apparently, Elam impersonated her online and invited men to send her sexual images of themselves and to visit her at her home for sex. Elam also allegedly posted intimate photographs and videos of Doe online, and sent them to her professional and personal acquaintances. Doe further claimed that in an attempt to stop some of the internet photos, she copyrighted her breasts.

A lawsuit, brought in the California Federal District Court for Central California, asserted a variety of tort and copyright claims. Although Elam filed an answer to the complaint, Judge Philip S. Gutierrez entered an order on Dec. 19, 2017 which struck the answer, entered a default, and imposed monetary sanctions against Elam. A final default judgment was entered against him on April 4, 2018. Doe was awarded a total of $6.462 million, representing $3 million in punitive damages, $3 million in compensatory damages, and other awards for copyright infringement and attorneys’ fees.  

Lexis Advanced and Lexis subscribers can read about the case at: 
2018 Jury Verdicts LEXIS 3847

 

Author:  Sheri Steinmetz, Lexis-Nexis Case Law Editor

 

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