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OLAS COONEY PRO SE
i 4
S Hicks St delphia PA 19146 904-6004
nickcooneygmaiLcom
UNITED STATES DISTRICT COURT FOR THE EAS TERN DISTRICT OF PENNS YLVANIA
NICHOLAS COONEY an individuaL ) Case No ~
)Plaintiff ) COMPLAINT FOR DMAGES vs )
) 1 Defamation ) 2 False Light
Adam Weissman an individual Stephanie ) 3 Intentional Infliction Of Wilson an individual Wetlands Activism ~ Emotional Distress Collective a business and JOHN DOES 1-50 ) Inclusive ) [Unlimited Case Over 1500000]
lDefendants ) ) ) )
~ 1--------------)
Plaintiff Nicholas Cooney brings this suit for damages for the improper and unlawful
defamationcampaign launched against him by Defendants In support thereof Plaintiff states the
following
I INTRODUCTION
Defendants Stephanie Wilson Adam Weissman and Wetlands Activism Collective have
engaged in a concerted defamation campaign which seeks to ruin the reputation ofNicholas
COMPUUNTFORDAMAGES
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Cooney an author and well-respected leader within the animal protection field Defendants have
disseminated defamatory accusations about Mr Cooney through word ofmouth phone email
web sites internet postings and printed flyers Although the information spewing from these
sources is false Mr Cooney has suffered substantial and likely irreparable damage to his
reputation Defendants must take responsibility for their abuse ofthe right to free speech
It is when free speech morphs into defamation that we tum to the courts for help Mr
Cooney wants his life back he wants to save his reputation in the court of public opinion
II JURISDICTION AND VENUE
1 Jurisdiction of this court arises pursuant to Article III Section 2 ofthe United States
Constitution as well as 28 USC Section 1332 (a) (1) which states that The district
courts shall have original jurisdiction ofall civil actions where the matter in controversy
exceeds the sum or value of$75000 exclusive of interest and costs and is between
citizens of different States
2 Venue is proper pursuant to 28 USC Section 1391 (a) (3) which states that A civil
action wherein jurisdiction is founded only on diversity of citizenship may except as
otherwise provided by law be brought only in a judicial district in which a
substantial part of the events or omissions giving rise to the claim occurred
3 This Court has personal jurisdiction over the out of state defendants based on the
Pennsylvania long-arm statute 42 PS sect 5322 under which a courts sole inquiry is
whether the exercise of personal jurisdiction would be constitutional Specific
jurisdiction is established where the non-resident defendants have purposefully directed
their activities at a resident ofPennsylvania and the injury arises from those activities
4 Defendants defamatory claims included directly contacting professional colleagues of
Mr Cooney that live in Pennsylvania
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COMPLAINT FOR DAMAGES
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5 Defendants defamatory claims included contacting professional and personal colleagues
ofMr Cooney that live in Pennsylvania via an emaillistserv
6 Defandats defamatory claims were made with an explicit goal of harming Mr Cooneys
ability to sell his book an economic activity carried out by Me Cooney in Pennsylvania
where he sells and ships books from
7 The damage to Mr Cooneys reputation occurs primarily in Pennsylvania where he lives
and works as the director ofan animal protection organization and as a published author
See Calder v Jones 465 US 783 (1984) and Blumenthal v Drudge 992 F Supp 44
46-48 (DDC 1998)
8 The amount in controversy exceeds 75000 dollars
III PARTIES
9 PlaintiffNlCHOLAS COONEY (hereinafter referred to as COONEY or Plaintiff) is
now and at all times herein mentioned a natural person residing in Philadelphia P A
10 Defendant Stephanie Wilson is a natural person who upon information and
belief resides at 144 Lincoln Ln Chapel Hill NC 27516 Defendant Adam Weissman is a
natural person residing in New York City NY Defendant Wetlands Activism Collective is a
non-profit business controlled by Defendant Adam Weissman that is located at 15 Thames St
Brooklyn NY 11206
11 Plaintiff is unaware of the true names and capacities whether individual
corporate associate or otherwise ofDefendants sued herein as JOHN DOES 1-50 inclusive
and therefore sues those Defendants by such fictitious names Plaintiffwill amend this
complaint to allege their true names and capacities when ascertained Plaintiff is informed and
believes and thereon alleges that each of the fictitiously named Defendants is legally
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responsible or negligent in some manner for the occurrences acts and omissions herein alleged
and that Plaintiff s injuries and damages as herein alleged were directly and legally caused by
that negligence willful or intentional conduct Plaintiff is informed and believes and on that
basis alleges that all DOE Defendants are either residents of the State ofPennsylvania or are
subject to jurisdiction in Pennsylvania Each reference in this complaint to Defendant
Defendants or a specifically named Defendant refers also to all Defendants sued under
fictitious names
IV STATEMENT OF FACTS RELEVANT TO ALL CAUSES OF ACTION
12 This case is about the defamation campaign launched against Plaintiff in an
attempt to damage his reputation so that he can no longer serve as a leader in the animal
protection community a field in which he has worked for the past eight years and a field which
he has dedicated his life to serving
13 The defamation campaign launched against Plaintiff is also an attempt to harm
sales of Plaintiffs recently published book and to prevent Plaintiff from engaging in public
lectures and book sales
14 In February 2011 defendants contacted Blue Stockings Bookstore in New York
City NY demanding they cancel a planned talk and book sale by Plaintiff Defendants asserted
to Blue Stockings representatives that Plaintiff abuses animals physically abuses women and
sexually assaults women Blue Stockings Bookstore canceled the planned talk just hours before
the event because they did not have the ability to deal with the protest and in-store disruption of
the event that Defendants threatened would occur
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15 Defendants passed out flyers at Blue Stockings Bookstore the evening of the
planned talk asserting tharPlaintiffhad a history of sexual and physical violence against women
and violence against animals
16 Defendants flyer reads in part NICK COONEY Abuser of Animals and
Women Nick Cooney has an ugly history of violence against women including instances of
physical sexual and emotional violence against partners in relationships and other activists
When threats have not been enough he has followed through on those threats causing physical
harm to companion animals in an attempt to intimidate and control both partners and other
women Defendants flyer encouraged the public to boycott Plaintiffs book
17 Defendant Stephanie Wilson wrote and provided to other Defendants and to Blue
Stockings Bookstore a statement in which she alleges that while she was dating Plaintiff in
2005-2006 Plaintiff raped her threatened her on an almost daily basis physically abused her
encouraged housemates to threaten her as much as possible and threatened to hurt or kill her
companion animals Defendant Wilson requests in her statement that Plaintiff and the public not
be made aware that she is the one making these claims Upon information and belief this
statement was written by Defendant Wilson in or around February 2011
18 In February of2011 Defendant Adam Weissman operating on behalf of himself
the Wetlands Activism Collective and Defendant Wilson emailed the text of the flyer and a
copy ofDefendant Wilsons statement to mUltiple personal and professional contacts of
Plaintiff Recipients included Jason Del Gandio a Temple University professor who resides in
Pennsylvania and who was asked by Defendants to rescind a praise quote he had issued for
Plaintiffs book Defendants also contacted Plaintiffs publisher Lantern Books and upon
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information and belief asked Plaintiffs publisher to stop selling Plaintiffs book Defendants
also contacted other colleagues ofPlaintiff by phone and email and made similar demands that
they stop associating with Plaintiff
19 In February of 20 11 Defendants posted the text of their flyer and similar
allegations tliat Plaintiff had sexually and physically assaulted women and physically abused
animals on the emaillistservofBlue Stockings Bookstore
20 In March of2011 Defendants posted the text of their flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the website httpwwwdefendanimalsnycorgThis site is registered to Defendant Adam
Weissman and Defendant the Wetlands Activism Collective
21 Defendants posted a link to the above-mentioned web article on their personal
F acebook pages
22 In March of2011 Defendants posted the text of their flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the website httpwwwsupervegancom
23 In March of2011 Defendants posted the text oftheir flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the animal advocacy listserv AR-News The AR-News listserv is a popular emaillistserv that
reaches over 600 animal advocates from across the United States Emails posted to the listserve
are also perpetually and publicly viewable through the AR-News online listserv archive
24 Upon information and belief Defendants have made numerous other false and
damaging statements about Plaintiff to many other individuals in the animal advocacy
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community
25 Defendant Adam Weissman and Defendant Wetlands Activism Collective have
made among others the following false and defamatory statements about Plaintiff
a He has committed acts of physical violence against partners in
relationships and others
b He has committed acts of sexual violence against partners in relationships
and others
c He has committed acts of emotional violence against partners in
relationships and others
d He threatened to hurt and has physically hurt companion animals in order
to coerce partners in relationships and others
e He is an abuser of animals and women
26 Defendant Stephanie Wilson has made among others the following false and
defamatory statements about Plaintiff
a He raped her
b He threatened her on a regular basis
c He threw plates at her
d He threatened to hurt or kill her animals
e He intentionally let her animals out of the house so he could chase her
around screaming at her
f He encouraged his housemates to threaten her as often as possible
g He followed his ex-girlfriend around in a car
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h Heis a danger to women and anyone that gets in his way
V FIRST CAUSE OF ACTION
DEFAMATION - LIBEL and SLANDER PER SE
(Against All Defendants)
middot27 The allegations of paragraphs 1-26 are incorporated by reference as though
fully set forth herein
28 The Defendants phone calls and emails to Blue Stockings Bookstore Jason Del
Gandio Lantern Press and other parties purport to be factual
29 Defendants printed flyer distributed outside ofBlue Stockings Bookstore purport
to be factual
30 Defendant Wilsons statement which has been disseminated via email to
professional and personal contacts of the Plaintiff purports to be factual
31 Defendants postings on the AR-News listserv Blue Stockings listserv and on the
web sites httpwwwDefendAnimalsNYCorg httpwwwSuperVegancom and
httpwwwFacebookcom purport to be factual
32 Defendants statements from all of these sources were intentionally
communicated to third parties in person over the phone over email by printed flyer via
listservs blogs web sites and web postings
33 Individuals who read saw or heard these statements including personal and
professional contacts of Plaintiff as well as potential customers ofhis book and potential
professional contacts reasonably understood them to be about Plaintiff
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34 The above-described statements convey a defamatory meaning to their audience
They harm the reputation ofPlaintiff so as to lower it in the estimation of the community and
deter third persons from associating or dealing with Plaintiff and entice further baseless claims
against Plaintiff
35 All of the above~described statements of and concerning Plaintiff are false
36 It was Defendants expectation and intent that this defamatory matter would be
republished and further disseminated to the public at large as evidenced by their use of forums
with broad readershipviewership such as blogs popular listservs website~ and Facebook
37 Defendants publications of these false and defamatory statements of and
concerning Plaintiff were not privileged
38 Defendants were notified that their publications were defamatory via cease and
desist letters issued by Plaintiffs attorney to Defendants on March 12 2011 Defendants failed to
comply with or respond to the directives of the cease and desist letters
39 Defendant Stephanie Wilson published the above-described defamatory
statements with actual malice - ie knowledge of their falsity
40 Defendants Adam Weissman Wetlands Activism Collective and JOHN DOES
published the above-described defamatory statements with actual malice through a reckless
disregard for their falsity
41 As a result ofDefendants publication of these facts and defamatory statements
with actual malice Plaintiff has suffered damages in the form ofloss to reputation lost profits
and increased costs
42 Defendants acted with malice [see Dun and Bradstreet Inc v Greenmoss
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COMPLAINT FOR DAMAGES
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Builders Inc 472 US 749 105 S Ct 2939 86 LEd2d 593 (1985)] and engaged in highly
reprehensible and despicable conduct warranting punitive damages
43 Defendants accused Plaintiff of the serious morally reprehensible crime of rape
Defendants also accused Plaintiff of behavior incompatible with his profession of animal
advocacy
44 Accordingly Defendants actions constitute defamation per se and Plaintiff need
not demonstrate special damages for purpose of slander
VI SECOND CAUSE OF ACTION
FALSE LIGHT
(Against All Defendants)
45 The allegations of paragraphs 1-44 are re-alleged and incorporated herein by
reference
46 Based on the aforementioned facts Defendants published numerous claims about
Plaintiff that were false and would be highly offensive to a reasonable person including that he
is a rapist physically abuses and physically threatens women threatens animals and abuses
animals
47 These claims purport to be factual
48 These claims would be highly offensive to a reasonable person
VII THIRD CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
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(Against All Defendants)
49 The allegations of paragraphs 1-48 are re-alleged and incorporated by
reference herein
50 Based on the aforementioned facts the conduct of Defendants was outrageous and
beyond the bounds of decency such that no reasonable person could be expected to endure it
Plaintiff was and has been forced to endure great pain anguish shock feelings of helplessness
and desperation with Defendants attempts to stain Plaintiffs reputation and encourage others to
boycott his book
51 Defendants and each of them acted intentionally in conscious effort to cause
peril to Plaintiff
52 Defendants conducthas had a severe traumatic and lasting effect on Plaintiffs
emotional tranquility As a proximate result of the outrageous acts of the Defendants Plaintiff
has suffered severe emotional distress and a loss of and reduction of enjoyment in life
53 The distress created was in time and manner sufficiently substantial such that a
reasonable person of ordinary sensibilities would suffer under the circumstances
54 Since the time ofDefendants initial statements Plaintiff has incurred financial
losses in addressing these defamatory claims including costs associated with preparation for
litigation of this case
55 As a direct and proximate result of the intentional malicious harmful unlawful
and offensive acts of Defendants as aforesaid Plaintiff has sustained severe and serious injury
to his person including but not limited to severe emotional distress mental anguish and
suffering and impairment of reputation and standing in the community
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Wherefore
AS TO THE FIRST CAUSE OF ACTION Plaintiff prays judgment against Defendants for
damages in excess of $75000 in amounts according to proof
1 F or compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements about Plaintiff
to others through the phone internet in person or thorough any other means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
6 For such other relief as the Court may deem just and proper
AS TO THE SECOND CAUSE OF ACTION Plaintiff prays judgment against Defendant for
damages in excess of $75000 in amounts according to proof for
1 For compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements
about Plaintiff to others through the phone internet in person or thorough any other
means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
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6 For such other relief as the Court may deem just and proper
AS TO THE THIRD CAUSE OF ACTION Plaintiff prays judgment against Defendant for
1 Special damages according to proof
2 Loss of enjoyment oflife in an amount according to proof
3 Compensatory damages including mental anguish and suffering personal humiliation
and impairment of reputation and standing in the community in an amount according to proof
4 Punitive damages in an amount judged appropriate by this Court
5 For any attorneys fees incurred herein
6 For costs of suit incurred herein
7 For such other and further relief as the Court may deem just and proper
Dated April 7 2011 Respectfully Submitted By
NICHOLAS COONEY PRO SE
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COMPLAINT FOR DAMAGES
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Cooney an author and well-respected leader within the animal protection field Defendants have
disseminated defamatory accusations about Mr Cooney through word ofmouth phone email
web sites internet postings and printed flyers Although the information spewing from these
sources is false Mr Cooney has suffered substantial and likely irreparable damage to his
reputation Defendants must take responsibility for their abuse ofthe right to free speech
It is when free speech morphs into defamation that we tum to the courts for help Mr
Cooney wants his life back he wants to save his reputation in the court of public opinion
II JURISDICTION AND VENUE
1 Jurisdiction of this court arises pursuant to Article III Section 2 ofthe United States
Constitution as well as 28 USC Section 1332 (a) (1) which states that The district
courts shall have original jurisdiction ofall civil actions where the matter in controversy
exceeds the sum or value of$75000 exclusive of interest and costs and is between
citizens of different States
2 Venue is proper pursuant to 28 USC Section 1391 (a) (3) which states that A civil
action wherein jurisdiction is founded only on diversity of citizenship may except as
otherwise provided by law be brought only in a judicial district in which a
substantial part of the events or omissions giving rise to the claim occurred
3 This Court has personal jurisdiction over the out of state defendants based on the
Pennsylvania long-arm statute 42 PS sect 5322 under which a courts sole inquiry is
whether the exercise of personal jurisdiction would be constitutional Specific
jurisdiction is established where the non-resident defendants have purposefully directed
their activities at a resident ofPennsylvania and the injury arises from those activities
4 Defendants defamatory claims included directly contacting professional colleagues of
Mr Cooney that live in Pennsylvania
2
COMPLAINT FOR DAMAGES
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5 Defendants defamatory claims included contacting professional and personal colleagues
ofMr Cooney that live in Pennsylvania via an emaillistserv
6 Defandats defamatory claims were made with an explicit goal of harming Mr Cooneys
ability to sell his book an economic activity carried out by Me Cooney in Pennsylvania
where he sells and ships books from
7 The damage to Mr Cooneys reputation occurs primarily in Pennsylvania where he lives
and works as the director ofan animal protection organization and as a published author
See Calder v Jones 465 US 783 (1984) and Blumenthal v Drudge 992 F Supp 44
46-48 (DDC 1998)
8 The amount in controversy exceeds 75000 dollars
III PARTIES
9 PlaintiffNlCHOLAS COONEY (hereinafter referred to as COONEY or Plaintiff) is
now and at all times herein mentioned a natural person residing in Philadelphia P A
10 Defendant Stephanie Wilson is a natural person who upon information and
belief resides at 144 Lincoln Ln Chapel Hill NC 27516 Defendant Adam Weissman is a
natural person residing in New York City NY Defendant Wetlands Activism Collective is a
non-profit business controlled by Defendant Adam Weissman that is located at 15 Thames St
Brooklyn NY 11206
11 Plaintiff is unaware of the true names and capacities whether individual
corporate associate or otherwise ofDefendants sued herein as JOHN DOES 1-50 inclusive
and therefore sues those Defendants by such fictitious names Plaintiffwill amend this
complaint to allege their true names and capacities when ascertained Plaintiff is informed and
believes and thereon alleges that each of the fictitiously named Defendants is legally
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COMPLAINT FOR DAMAGES
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responsible or negligent in some manner for the occurrences acts and omissions herein alleged
and that Plaintiff s injuries and damages as herein alleged were directly and legally caused by
that negligence willful or intentional conduct Plaintiff is informed and believes and on that
basis alleges that all DOE Defendants are either residents of the State ofPennsylvania or are
subject to jurisdiction in Pennsylvania Each reference in this complaint to Defendant
Defendants or a specifically named Defendant refers also to all Defendants sued under
fictitious names
IV STATEMENT OF FACTS RELEVANT TO ALL CAUSES OF ACTION
12 This case is about the defamation campaign launched against Plaintiff in an
attempt to damage his reputation so that he can no longer serve as a leader in the animal
protection community a field in which he has worked for the past eight years and a field which
he has dedicated his life to serving
13 The defamation campaign launched against Plaintiff is also an attempt to harm
sales of Plaintiffs recently published book and to prevent Plaintiff from engaging in public
lectures and book sales
14 In February 2011 defendants contacted Blue Stockings Bookstore in New York
City NY demanding they cancel a planned talk and book sale by Plaintiff Defendants asserted
to Blue Stockings representatives that Plaintiff abuses animals physically abuses women and
sexually assaults women Blue Stockings Bookstore canceled the planned talk just hours before
the event because they did not have the ability to deal with the protest and in-store disruption of
the event that Defendants threatened would occur
4
COMPLAINT FOR DAMAGES
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15 Defendants passed out flyers at Blue Stockings Bookstore the evening of the
planned talk asserting tharPlaintiffhad a history of sexual and physical violence against women
and violence against animals
16 Defendants flyer reads in part NICK COONEY Abuser of Animals and
Women Nick Cooney has an ugly history of violence against women including instances of
physical sexual and emotional violence against partners in relationships and other activists
When threats have not been enough he has followed through on those threats causing physical
harm to companion animals in an attempt to intimidate and control both partners and other
women Defendants flyer encouraged the public to boycott Plaintiffs book
17 Defendant Stephanie Wilson wrote and provided to other Defendants and to Blue
Stockings Bookstore a statement in which she alleges that while she was dating Plaintiff in
2005-2006 Plaintiff raped her threatened her on an almost daily basis physically abused her
encouraged housemates to threaten her as much as possible and threatened to hurt or kill her
companion animals Defendant Wilson requests in her statement that Plaintiff and the public not
be made aware that she is the one making these claims Upon information and belief this
statement was written by Defendant Wilson in or around February 2011
18 In February of2011 Defendant Adam Weissman operating on behalf of himself
the Wetlands Activism Collective and Defendant Wilson emailed the text of the flyer and a
copy ofDefendant Wilsons statement to mUltiple personal and professional contacts of
Plaintiff Recipients included Jason Del Gandio a Temple University professor who resides in
Pennsylvania and who was asked by Defendants to rescind a praise quote he had issued for
Plaintiffs book Defendants also contacted Plaintiffs publisher Lantern Books and upon
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COMPLAINT FOR DAMAGES
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information and belief asked Plaintiffs publisher to stop selling Plaintiffs book Defendants
also contacted other colleagues ofPlaintiff by phone and email and made similar demands that
they stop associating with Plaintiff
19 In February of 20 11 Defendants posted the text of their flyer and similar
allegations tliat Plaintiff had sexually and physically assaulted women and physically abused
animals on the emaillistservofBlue Stockings Bookstore
20 In March of2011 Defendants posted the text of their flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the website httpwwwdefendanimalsnycorgThis site is registered to Defendant Adam
Weissman and Defendant the Wetlands Activism Collective
21 Defendants posted a link to the above-mentioned web article on their personal
F acebook pages
22 In March of2011 Defendants posted the text of their flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the website httpwwwsupervegancom
23 In March of2011 Defendants posted the text oftheir flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the animal advocacy listserv AR-News The AR-News listserv is a popular emaillistserv that
reaches over 600 animal advocates from across the United States Emails posted to the listserve
are also perpetually and publicly viewable through the AR-News online listserv archive
24 Upon information and belief Defendants have made numerous other false and
damaging statements about Plaintiff to many other individuals in the animal advocacy
6
COMPLAINT FOR DAMAGES
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community
25 Defendant Adam Weissman and Defendant Wetlands Activism Collective have
made among others the following false and defamatory statements about Plaintiff
a He has committed acts of physical violence against partners in
relationships and others
b He has committed acts of sexual violence against partners in relationships
and others
c He has committed acts of emotional violence against partners in
relationships and others
d He threatened to hurt and has physically hurt companion animals in order
to coerce partners in relationships and others
e He is an abuser of animals and women
26 Defendant Stephanie Wilson has made among others the following false and
defamatory statements about Plaintiff
a He raped her
b He threatened her on a regular basis
c He threw plates at her
d He threatened to hurt or kill her animals
e He intentionally let her animals out of the house so he could chase her
around screaming at her
f He encouraged his housemates to threaten her as often as possible
g He followed his ex-girlfriend around in a car
7
COMPLAINT FOR DAMAGES
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h Heis a danger to women and anyone that gets in his way
V FIRST CAUSE OF ACTION
DEFAMATION - LIBEL and SLANDER PER SE
(Against All Defendants)
middot27 The allegations of paragraphs 1-26 are incorporated by reference as though
fully set forth herein
28 The Defendants phone calls and emails to Blue Stockings Bookstore Jason Del
Gandio Lantern Press and other parties purport to be factual
29 Defendants printed flyer distributed outside ofBlue Stockings Bookstore purport
to be factual
30 Defendant Wilsons statement which has been disseminated via email to
professional and personal contacts of the Plaintiff purports to be factual
31 Defendants postings on the AR-News listserv Blue Stockings listserv and on the
web sites httpwwwDefendAnimalsNYCorg httpwwwSuperVegancom and
httpwwwFacebookcom purport to be factual
32 Defendants statements from all of these sources were intentionally
communicated to third parties in person over the phone over email by printed flyer via
listservs blogs web sites and web postings
33 Individuals who read saw or heard these statements including personal and
professional contacts of Plaintiff as well as potential customers ofhis book and potential
professional contacts reasonably understood them to be about Plaintiff
8
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34 The above-described statements convey a defamatory meaning to their audience
They harm the reputation ofPlaintiff so as to lower it in the estimation of the community and
deter third persons from associating or dealing with Plaintiff and entice further baseless claims
against Plaintiff
35 All of the above~described statements of and concerning Plaintiff are false
36 It was Defendants expectation and intent that this defamatory matter would be
republished and further disseminated to the public at large as evidenced by their use of forums
with broad readershipviewership such as blogs popular listservs website~ and Facebook
37 Defendants publications of these false and defamatory statements of and
concerning Plaintiff were not privileged
38 Defendants were notified that their publications were defamatory via cease and
desist letters issued by Plaintiffs attorney to Defendants on March 12 2011 Defendants failed to
comply with or respond to the directives of the cease and desist letters
39 Defendant Stephanie Wilson published the above-described defamatory
statements with actual malice - ie knowledge of their falsity
40 Defendants Adam Weissman Wetlands Activism Collective and JOHN DOES
published the above-described defamatory statements with actual malice through a reckless
disregard for their falsity
41 As a result ofDefendants publication of these facts and defamatory statements
with actual malice Plaintiff has suffered damages in the form ofloss to reputation lost profits
and increased costs
42 Defendants acted with malice [see Dun and Bradstreet Inc v Greenmoss
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Builders Inc 472 US 749 105 S Ct 2939 86 LEd2d 593 (1985)] and engaged in highly
reprehensible and despicable conduct warranting punitive damages
43 Defendants accused Plaintiff of the serious morally reprehensible crime of rape
Defendants also accused Plaintiff of behavior incompatible with his profession of animal
advocacy
44 Accordingly Defendants actions constitute defamation per se and Plaintiff need
not demonstrate special damages for purpose of slander
VI SECOND CAUSE OF ACTION
FALSE LIGHT
(Against All Defendants)
45 The allegations of paragraphs 1-44 are re-alleged and incorporated herein by
reference
46 Based on the aforementioned facts Defendants published numerous claims about
Plaintiff that were false and would be highly offensive to a reasonable person including that he
is a rapist physically abuses and physically threatens women threatens animals and abuses
animals
47 These claims purport to be factual
48 These claims would be highly offensive to a reasonable person
VII THIRD CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
10
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(Against All Defendants)
49 The allegations of paragraphs 1-48 are re-alleged and incorporated by
reference herein
50 Based on the aforementioned facts the conduct of Defendants was outrageous and
beyond the bounds of decency such that no reasonable person could be expected to endure it
Plaintiff was and has been forced to endure great pain anguish shock feelings of helplessness
and desperation with Defendants attempts to stain Plaintiffs reputation and encourage others to
boycott his book
51 Defendants and each of them acted intentionally in conscious effort to cause
peril to Plaintiff
52 Defendants conducthas had a severe traumatic and lasting effect on Plaintiffs
emotional tranquility As a proximate result of the outrageous acts of the Defendants Plaintiff
has suffered severe emotional distress and a loss of and reduction of enjoyment in life
53 The distress created was in time and manner sufficiently substantial such that a
reasonable person of ordinary sensibilities would suffer under the circumstances
54 Since the time ofDefendants initial statements Plaintiff has incurred financial
losses in addressing these defamatory claims including costs associated with preparation for
litigation of this case
55 As a direct and proximate result of the intentional malicious harmful unlawful
and offensive acts of Defendants as aforesaid Plaintiff has sustained severe and serious injury
to his person including but not limited to severe emotional distress mental anguish and
suffering and impairment of reputation and standing in the community
11
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Wherefore
AS TO THE FIRST CAUSE OF ACTION Plaintiff prays judgment against Defendants for
damages in excess of $75000 in amounts according to proof
1 F or compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements about Plaintiff
to others through the phone internet in person or thorough any other means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
6 For such other relief as the Court may deem just and proper
AS TO THE SECOND CAUSE OF ACTION Plaintiff prays judgment against Defendant for
damages in excess of $75000 in amounts according to proof for
1 For compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements
about Plaintiff to others through the phone internet in person or thorough any other
means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
12
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6 For such other relief as the Court may deem just and proper
AS TO THE THIRD CAUSE OF ACTION Plaintiff prays judgment against Defendant for
1 Special damages according to proof
2 Loss of enjoyment oflife in an amount according to proof
3 Compensatory damages including mental anguish and suffering personal humiliation
and impairment of reputation and standing in the community in an amount according to proof
4 Punitive damages in an amount judged appropriate by this Court
5 For any attorneys fees incurred herein
6 For costs of suit incurred herein
7 For such other and further relief as the Court may deem just and proper
Dated April 7 2011 Respectfully Submitted By
NICHOLAS COONEY PRO SE
13
COMPLAINT FOR DAMAGES
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5 Defendants defamatory claims included contacting professional and personal colleagues
ofMr Cooney that live in Pennsylvania via an emaillistserv
6 Defandats defamatory claims were made with an explicit goal of harming Mr Cooneys
ability to sell his book an economic activity carried out by Me Cooney in Pennsylvania
where he sells and ships books from
7 The damage to Mr Cooneys reputation occurs primarily in Pennsylvania where he lives
and works as the director ofan animal protection organization and as a published author
See Calder v Jones 465 US 783 (1984) and Blumenthal v Drudge 992 F Supp 44
46-48 (DDC 1998)
8 The amount in controversy exceeds 75000 dollars
III PARTIES
9 PlaintiffNlCHOLAS COONEY (hereinafter referred to as COONEY or Plaintiff) is
now and at all times herein mentioned a natural person residing in Philadelphia P A
10 Defendant Stephanie Wilson is a natural person who upon information and
belief resides at 144 Lincoln Ln Chapel Hill NC 27516 Defendant Adam Weissman is a
natural person residing in New York City NY Defendant Wetlands Activism Collective is a
non-profit business controlled by Defendant Adam Weissman that is located at 15 Thames St
Brooklyn NY 11206
11 Plaintiff is unaware of the true names and capacities whether individual
corporate associate or otherwise ofDefendants sued herein as JOHN DOES 1-50 inclusive
and therefore sues those Defendants by such fictitious names Plaintiffwill amend this
complaint to allege their true names and capacities when ascertained Plaintiff is informed and
believes and thereon alleges that each of the fictitiously named Defendants is legally
3
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responsible or negligent in some manner for the occurrences acts and omissions herein alleged
and that Plaintiff s injuries and damages as herein alleged were directly and legally caused by
that negligence willful or intentional conduct Plaintiff is informed and believes and on that
basis alleges that all DOE Defendants are either residents of the State ofPennsylvania or are
subject to jurisdiction in Pennsylvania Each reference in this complaint to Defendant
Defendants or a specifically named Defendant refers also to all Defendants sued under
fictitious names
IV STATEMENT OF FACTS RELEVANT TO ALL CAUSES OF ACTION
12 This case is about the defamation campaign launched against Plaintiff in an
attempt to damage his reputation so that he can no longer serve as a leader in the animal
protection community a field in which he has worked for the past eight years and a field which
he has dedicated his life to serving
13 The defamation campaign launched against Plaintiff is also an attempt to harm
sales of Plaintiffs recently published book and to prevent Plaintiff from engaging in public
lectures and book sales
14 In February 2011 defendants contacted Blue Stockings Bookstore in New York
City NY demanding they cancel a planned talk and book sale by Plaintiff Defendants asserted
to Blue Stockings representatives that Plaintiff abuses animals physically abuses women and
sexually assaults women Blue Stockings Bookstore canceled the planned talk just hours before
the event because they did not have the ability to deal with the protest and in-store disruption of
the event that Defendants threatened would occur
4
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15 Defendants passed out flyers at Blue Stockings Bookstore the evening of the
planned talk asserting tharPlaintiffhad a history of sexual and physical violence against women
and violence against animals
16 Defendants flyer reads in part NICK COONEY Abuser of Animals and
Women Nick Cooney has an ugly history of violence against women including instances of
physical sexual and emotional violence against partners in relationships and other activists
When threats have not been enough he has followed through on those threats causing physical
harm to companion animals in an attempt to intimidate and control both partners and other
women Defendants flyer encouraged the public to boycott Plaintiffs book
17 Defendant Stephanie Wilson wrote and provided to other Defendants and to Blue
Stockings Bookstore a statement in which she alleges that while she was dating Plaintiff in
2005-2006 Plaintiff raped her threatened her on an almost daily basis physically abused her
encouraged housemates to threaten her as much as possible and threatened to hurt or kill her
companion animals Defendant Wilson requests in her statement that Plaintiff and the public not
be made aware that she is the one making these claims Upon information and belief this
statement was written by Defendant Wilson in or around February 2011
18 In February of2011 Defendant Adam Weissman operating on behalf of himself
the Wetlands Activism Collective and Defendant Wilson emailed the text of the flyer and a
copy ofDefendant Wilsons statement to mUltiple personal and professional contacts of
Plaintiff Recipients included Jason Del Gandio a Temple University professor who resides in
Pennsylvania and who was asked by Defendants to rescind a praise quote he had issued for
Plaintiffs book Defendants also contacted Plaintiffs publisher Lantern Books and upon
5
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information and belief asked Plaintiffs publisher to stop selling Plaintiffs book Defendants
also contacted other colleagues ofPlaintiff by phone and email and made similar demands that
they stop associating with Plaintiff
19 In February of 20 11 Defendants posted the text of their flyer and similar
allegations tliat Plaintiff had sexually and physically assaulted women and physically abused
animals on the emaillistservofBlue Stockings Bookstore
20 In March of2011 Defendants posted the text of their flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the website httpwwwdefendanimalsnycorgThis site is registered to Defendant Adam
Weissman and Defendant the Wetlands Activism Collective
21 Defendants posted a link to the above-mentioned web article on their personal
F acebook pages
22 In March of2011 Defendants posted the text of their flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the website httpwwwsupervegancom
23 In March of2011 Defendants posted the text oftheir flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the animal advocacy listserv AR-News The AR-News listserv is a popular emaillistserv that
reaches over 600 animal advocates from across the United States Emails posted to the listserve
are also perpetually and publicly viewable through the AR-News online listserv archive
24 Upon information and belief Defendants have made numerous other false and
damaging statements about Plaintiff to many other individuals in the animal advocacy
6
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community
25 Defendant Adam Weissman and Defendant Wetlands Activism Collective have
made among others the following false and defamatory statements about Plaintiff
a He has committed acts of physical violence against partners in
relationships and others
b He has committed acts of sexual violence against partners in relationships
and others
c He has committed acts of emotional violence against partners in
relationships and others
d He threatened to hurt and has physically hurt companion animals in order
to coerce partners in relationships and others
e He is an abuser of animals and women
26 Defendant Stephanie Wilson has made among others the following false and
defamatory statements about Plaintiff
a He raped her
b He threatened her on a regular basis
c He threw plates at her
d He threatened to hurt or kill her animals
e He intentionally let her animals out of the house so he could chase her
around screaming at her
f He encouraged his housemates to threaten her as often as possible
g He followed his ex-girlfriend around in a car
7
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h Heis a danger to women and anyone that gets in his way
V FIRST CAUSE OF ACTION
DEFAMATION - LIBEL and SLANDER PER SE
(Against All Defendants)
middot27 The allegations of paragraphs 1-26 are incorporated by reference as though
fully set forth herein
28 The Defendants phone calls and emails to Blue Stockings Bookstore Jason Del
Gandio Lantern Press and other parties purport to be factual
29 Defendants printed flyer distributed outside ofBlue Stockings Bookstore purport
to be factual
30 Defendant Wilsons statement which has been disseminated via email to
professional and personal contacts of the Plaintiff purports to be factual
31 Defendants postings on the AR-News listserv Blue Stockings listserv and on the
web sites httpwwwDefendAnimalsNYCorg httpwwwSuperVegancom and
httpwwwFacebookcom purport to be factual
32 Defendants statements from all of these sources were intentionally
communicated to third parties in person over the phone over email by printed flyer via
listservs blogs web sites and web postings
33 Individuals who read saw or heard these statements including personal and
professional contacts of Plaintiff as well as potential customers ofhis book and potential
professional contacts reasonably understood them to be about Plaintiff
8
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34 The above-described statements convey a defamatory meaning to their audience
They harm the reputation ofPlaintiff so as to lower it in the estimation of the community and
deter third persons from associating or dealing with Plaintiff and entice further baseless claims
against Plaintiff
35 All of the above~described statements of and concerning Plaintiff are false
36 It was Defendants expectation and intent that this defamatory matter would be
republished and further disseminated to the public at large as evidenced by their use of forums
with broad readershipviewership such as blogs popular listservs website~ and Facebook
37 Defendants publications of these false and defamatory statements of and
concerning Plaintiff were not privileged
38 Defendants were notified that their publications were defamatory via cease and
desist letters issued by Plaintiffs attorney to Defendants on March 12 2011 Defendants failed to
comply with or respond to the directives of the cease and desist letters
39 Defendant Stephanie Wilson published the above-described defamatory
statements with actual malice - ie knowledge of their falsity
40 Defendants Adam Weissman Wetlands Activism Collective and JOHN DOES
published the above-described defamatory statements with actual malice through a reckless
disregard for their falsity
41 As a result ofDefendants publication of these facts and defamatory statements
with actual malice Plaintiff has suffered damages in the form ofloss to reputation lost profits
and increased costs
42 Defendants acted with malice [see Dun and Bradstreet Inc v Greenmoss
9
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Builders Inc 472 US 749 105 S Ct 2939 86 LEd2d 593 (1985)] and engaged in highly
reprehensible and despicable conduct warranting punitive damages
43 Defendants accused Plaintiff of the serious morally reprehensible crime of rape
Defendants also accused Plaintiff of behavior incompatible with his profession of animal
advocacy
44 Accordingly Defendants actions constitute defamation per se and Plaintiff need
not demonstrate special damages for purpose of slander
VI SECOND CAUSE OF ACTION
FALSE LIGHT
(Against All Defendants)
45 The allegations of paragraphs 1-44 are re-alleged and incorporated herein by
reference
46 Based on the aforementioned facts Defendants published numerous claims about
Plaintiff that were false and would be highly offensive to a reasonable person including that he
is a rapist physically abuses and physically threatens women threatens animals and abuses
animals
47 These claims purport to be factual
48 These claims would be highly offensive to a reasonable person
VII THIRD CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
10
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(Against All Defendants)
49 The allegations of paragraphs 1-48 are re-alleged and incorporated by
reference herein
50 Based on the aforementioned facts the conduct of Defendants was outrageous and
beyond the bounds of decency such that no reasonable person could be expected to endure it
Plaintiff was and has been forced to endure great pain anguish shock feelings of helplessness
and desperation with Defendants attempts to stain Plaintiffs reputation and encourage others to
boycott his book
51 Defendants and each of them acted intentionally in conscious effort to cause
peril to Plaintiff
52 Defendants conducthas had a severe traumatic and lasting effect on Plaintiffs
emotional tranquility As a proximate result of the outrageous acts of the Defendants Plaintiff
has suffered severe emotional distress and a loss of and reduction of enjoyment in life
53 The distress created was in time and manner sufficiently substantial such that a
reasonable person of ordinary sensibilities would suffer under the circumstances
54 Since the time ofDefendants initial statements Plaintiff has incurred financial
losses in addressing these defamatory claims including costs associated with preparation for
litigation of this case
55 As a direct and proximate result of the intentional malicious harmful unlawful
and offensive acts of Defendants as aforesaid Plaintiff has sustained severe and serious injury
to his person including but not limited to severe emotional distress mental anguish and
suffering and impairment of reputation and standing in the community
11
COMPLAINT FOR DAMAGES
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Wherefore
AS TO THE FIRST CAUSE OF ACTION Plaintiff prays judgment against Defendants for
damages in excess of $75000 in amounts according to proof
1 F or compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements about Plaintiff
to others through the phone internet in person or thorough any other means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
6 For such other relief as the Court may deem just and proper
AS TO THE SECOND CAUSE OF ACTION Plaintiff prays judgment against Defendant for
damages in excess of $75000 in amounts according to proof for
1 For compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements
about Plaintiff to others through the phone internet in person or thorough any other
means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
12
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6 For such other relief as the Court may deem just and proper
AS TO THE THIRD CAUSE OF ACTION Plaintiff prays judgment against Defendant for
1 Special damages according to proof
2 Loss of enjoyment oflife in an amount according to proof
3 Compensatory damages including mental anguish and suffering personal humiliation
and impairment of reputation and standing in the community in an amount according to proof
4 Punitive damages in an amount judged appropriate by this Court
5 For any attorneys fees incurred herein
6 For costs of suit incurred herein
7 For such other and further relief as the Court may deem just and proper
Dated April 7 2011 Respectfully Submitted By
NICHOLAS COONEY PRO SE
13
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responsible or negligent in some manner for the occurrences acts and omissions herein alleged
and that Plaintiff s injuries and damages as herein alleged were directly and legally caused by
that negligence willful or intentional conduct Plaintiff is informed and believes and on that
basis alleges that all DOE Defendants are either residents of the State ofPennsylvania or are
subject to jurisdiction in Pennsylvania Each reference in this complaint to Defendant
Defendants or a specifically named Defendant refers also to all Defendants sued under
fictitious names
IV STATEMENT OF FACTS RELEVANT TO ALL CAUSES OF ACTION
12 This case is about the defamation campaign launched against Plaintiff in an
attempt to damage his reputation so that he can no longer serve as a leader in the animal
protection community a field in which he has worked for the past eight years and a field which
he has dedicated his life to serving
13 The defamation campaign launched against Plaintiff is also an attempt to harm
sales of Plaintiffs recently published book and to prevent Plaintiff from engaging in public
lectures and book sales
14 In February 2011 defendants contacted Blue Stockings Bookstore in New York
City NY demanding they cancel a planned talk and book sale by Plaintiff Defendants asserted
to Blue Stockings representatives that Plaintiff abuses animals physically abuses women and
sexually assaults women Blue Stockings Bookstore canceled the planned talk just hours before
the event because they did not have the ability to deal with the protest and in-store disruption of
the event that Defendants threatened would occur
4
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15 Defendants passed out flyers at Blue Stockings Bookstore the evening of the
planned talk asserting tharPlaintiffhad a history of sexual and physical violence against women
and violence against animals
16 Defendants flyer reads in part NICK COONEY Abuser of Animals and
Women Nick Cooney has an ugly history of violence against women including instances of
physical sexual and emotional violence against partners in relationships and other activists
When threats have not been enough he has followed through on those threats causing physical
harm to companion animals in an attempt to intimidate and control both partners and other
women Defendants flyer encouraged the public to boycott Plaintiffs book
17 Defendant Stephanie Wilson wrote and provided to other Defendants and to Blue
Stockings Bookstore a statement in which she alleges that while she was dating Plaintiff in
2005-2006 Plaintiff raped her threatened her on an almost daily basis physically abused her
encouraged housemates to threaten her as much as possible and threatened to hurt or kill her
companion animals Defendant Wilson requests in her statement that Plaintiff and the public not
be made aware that she is the one making these claims Upon information and belief this
statement was written by Defendant Wilson in or around February 2011
18 In February of2011 Defendant Adam Weissman operating on behalf of himself
the Wetlands Activism Collective and Defendant Wilson emailed the text of the flyer and a
copy ofDefendant Wilsons statement to mUltiple personal and professional contacts of
Plaintiff Recipients included Jason Del Gandio a Temple University professor who resides in
Pennsylvania and who was asked by Defendants to rescind a praise quote he had issued for
Plaintiffs book Defendants also contacted Plaintiffs publisher Lantern Books and upon
5
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information and belief asked Plaintiffs publisher to stop selling Plaintiffs book Defendants
also contacted other colleagues ofPlaintiff by phone and email and made similar demands that
they stop associating with Plaintiff
19 In February of 20 11 Defendants posted the text of their flyer and similar
allegations tliat Plaintiff had sexually and physically assaulted women and physically abused
animals on the emaillistservofBlue Stockings Bookstore
20 In March of2011 Defendants posted the text of their flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the website httpwwwdefendanimalsnycorgThis site is registered to Defendant Adam
Weissman and Defendant the Wetlands Activism Collective
21 Defendants posted a link to the above-mentioned web article on their personal
F acebook pages
22 In March of2011 Defendants posted the text of their flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the website httpwwwsupervegancom
23 In March of2011 Defendants posted the text oftheir flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the animal advocacy listserv AR-News The AR-News listserv is a popular emaillistserv that
reaches over 600 animal advocates from across the United States Emails posted to the listserve
are also perpetually and publicly viewable through the AR-News online listserv archive
24 Upon information and belief Defendants have made numerous other false and
damaging statements about Plaintiff to many other individuals in the animal advocacy
6
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community
25 Defendant Adam Weissman and Defendant Wetlands Activism Collective have
made among others the following false and defamatory statements about Plaintiff
a He has committed acts of physical violence against partners in
relationships and others
b He has committed acts of sexual violence against partners in relationships
and others
c He has committed acts of emotional violence against partners in
relationships and others
d He threatened to hurt and has physically hurt companion animals in order
to coerce partners in relationships and others
e He is an abuser of animals and women
26 Defendant Stephanie Wilson has made among others the following false and
defamatory statements about Plaintiff
a He raped her
b He threatened her on a regular basis
c He threw plates at her
d He threatened to hurt or kill her animals
e He intentionally let her animals out of the house so he could chase her
around screaming at her
f He encouraged his housemates to threaten her as often as possible
g He followed his ex-girlfriend around in a car
7
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 7 of 13
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h Heis a danger to women and anyone that gets in his way
V FIRST CAUSE OF ACTION
DEFAMATION - LIBEL and SLANDER PER SE
(Against All Defendants)
middot27 The allegations of paragraphs 1-26 are incorporated by reference as though
fully set forth herein
28 The Defendants phone calls and emails to Blue Stockings Bookstore Jason Del
Gandio Lantern Press and other parties purport to be factual
29 Defendants printed flyer distributed outside ofBlue Stockings Bookstore purport
to be factual
30 Defendant Wilsons statement which has been disseminated via email to
professional and personal contacts of the Plaintiff purports to be factual
31 Defendants postings on the AR-News listserv Blue Stockings listserv and on the
web sites httpwwwDefendAnimalsNYCorg httpwwwSuperVegancom and
httpwwwFacebookcom purport to be factual
32 Defendants statements from all of these sources were intentionally
communicated to third parties in person over the phone over email by printed flyer via
listservs blogs web sites and web postings
33 Individuals who read saw or heard these statements including personal and
professional contacts of Plaintiff as well as potential customers ofhis book and potential
professional contacts reasonably understood them to be about Plaintiff
8
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 8 of 13
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10
15
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22
23
24
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28
34 The above-described statements convey a defamatory meaning to their audience
They harm the reputation ofPlaintiff so as to lower it in the estimation of the community and
deter third persons from associating or dealing with Plaintiff and entice further baseless claims
against Plaintiff
35 All of the above~described statements of and concerning Plaintiff are false
36 It was Defendants expectation and intent that this defamatory matter would be
republished and further disseminated to the public at large as evidenced by their use of forums
with broad readershipviewership such as blogs popular listservs website~ and Facebook
37 Defendants publications of these false and defamatory statements of and
concerning Plaintiff were not privileged
38 Defendants were notified that their publications were defamatory via cease and
desist letters issued by Plaintiffs attorney to Defendants on March 12 2011 Defendants failed to
comply with or respond to the directives of the cease and desist letters
39 Defendant Stephanie Wilson published the above-described defamatory
statements with actual malice - ie knowledge of their falsity
40 Defendants Adam Weissman Wetlands Activism Collective and JOHN DOES
published the above-described defamatory statements with actual malice through a reckless
disregard for their falsity
41 As a result ofDefendants publication of these facts and defamatory statements
with actual malice Plaintiff has suffered damages in the form ofloss to reputation lost profits
and increased costs
42 Defendants acted with malice [see Dun and Bradstreet Inc v Greenmoss
9
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 9 of 13
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10
15
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2
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13
14
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23
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28
Builders Inc 472 US 749 105 S Ct 2939 86 LEd2d 593 (1985)] and engaged in highly
reprehensible and despicable conduct warranting punitive damages
43 Defendants accused Plaintiff of the serious morally reprehensible crime of rape
Defendants also accused Plaintiff of behavior incompatible with his profession of animal
advocacy
44 Accordingly Defendants actions constitute defamation per se and Plaintiff need
not demonstrate special damages for purpose of slander
VI SECOND CAUSE OF ACTION
FALSE LIGHT
(Against All Defendants)
45 The allegations of paragraphs 1-44 are re-alleged and incorporated herein by
reference
46 Based on the aforementioned facts Defendants published numerous claims about
Plaintiff that were false and would be highly offensive to a reasonable person including that he
is a rapist physically abuses and physically threatens women threatens animals and abuses
animals
47 These claims purport to be factual
48 These claims would be highly offensive to a reasonable person
VII THIRD CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
10
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 10 of 13
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(Against All Defendants)
49 The allegations of paragraphs 1-48 are re-alleged and incorporated by
reference herein
50 Based on the aforementioned facts the conduct of Defendants was outrageous and
beyond the bounds of decency such that no reasonable person could be expected to endure it
Plaintiff was and has been forced to endure great pain anguish shock feelings of helplessness
and desperation with Defendants attempts to stain Plaintiffs reputation and encourage others to
boycott his book
51 Defendants and each of them acted intentionally in conscious effort to cause
peril to Plaintiff
52 Defendants conducthas had a severe traumatic and lasting effect on Plaintiffs
emotional tranquility As a proximate result of the outrageous acts of the Defendants Plaintiff
has suffered severe emotional distress and a loss of and reduction of enjoyment in life
53 The distress created was in time and manner sufficiently substantial such that a
reasonable person of ordinary sensibilities would suffer under the circumstances
54 Since the time ofDefendants initial statements Plaintiff has incurred financial
losses in addressing these defamatory claims including costs associated with preparation for
litigation of this case
55 As a direct and proximate result of the intentional malicious harmful unlawful
and offensive acts of Defendants as aforesaid Plaintiff has sustained severe and serious injury
to his person including but not limited to severe emotional distress mental anguish and
suffering and impairment of reputation and standing in the community
11
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 11 of 13
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Wherefore
AS TO THE FIRST CAUSE OF ACTION Plaintiff prays judgment against Defendants for
damages in excess of $75000 in amounts according to proof
1 F or compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements about Plaintiff
to others through the phone internet in person or thorough any other means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
6 For such other relief as the Court may deem just and proper
AS TO THE SECOND CAUSE OF ACTION Plaintiff prays judgment against Defendant for
damages in excess of $75000 in amounts according to proof for
1 For compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements
about Plaintiff to others through the phone internet in person or thorough any other
means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
12
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 12 of 13
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6 For such other relief as the Court may deem just and proper
AS TO THE THIRD CAUSE OF ACTION Plaintiff prays judgment against Defendant for
1 Special damages according to proof
2 Loss of enjoyment oflife in an amount according to proof
3 Compensatory damages including mental anguish and suffering personal humiliation
and impairment of reputation and standing in the community in an amount according to proof
4 Punitive damages in an amount judged appropriate by this Court
5 For any attorneys fees incurred herein
6 For costs of suit incurred herein
7 For such other and further relief as the Court may deem just and proper
Dated April 7 2011 Respectfully Submitted By
NICHOLAS COONEY PRO SE
13
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 13 of 13
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9
II
12
13
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24
26
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28
15 Defendants passed out flyers at Blue Stockings Bookstore the evening of the
planned talk asserting tharPlaintiffhad a history of sexual and physical violence against women
and violence against animals
16 Defendants flyer reads in part NICK COONEY Abuser of Animals and
Women Nick Cooney has an ugly history of violence against women including instances of
physical sexual and emotional violence against partners in relationships and other activists
When threats have not been enough he has followed through on those threats causing physical
harm to companion animals in an attempt to intimidate and control both partners and other
women Defendants flyer encouraged the public to boycott Plaintiffs book
17 Defendant Stephanie Wilson wrote and provided to other Defendants and to Blue
Stockings Bookstore a statement in which she alleges that while she was dating Plaintiff in
2005-2006 Plaintiff raped her threatened her on an almost daily basis physically abused her
encouraged housemates to threaten her as much as possible and threatened to hurt or kill her
companion animals Defendant Wilson requests in her statement that Plaintiff and the public not
be made aware that she is the one making these claims Upon information and belief this
statement was written by Defendant Wilson in or around February 2011
18 In February of2011 Defendant Adam Weissman operating on behalf of himself
the Wetlands Activism Collective and Defendant Wilson emailed the text of the flyer and a
copy ofDefendant Wilsons statement to mUltiple personal and professional contacts of
Plaintiff Recipients included Jason Del Gandio a Temple University professor who resides in
Pennsylvania and who was asked by Defendants to rescind a praise quote he had issued for
Plaintiffs book Defendants also contacted Plaintiffs publisher Lantern Books and upon
5
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 5 of 13
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information and belief asked Plaintiffs publisher to stop selling Plaintiffs book Defendants
also contacted other colleagues ofPlaintiff by phone and email and made similar demands that
they stop associating with Plaintiff
19 In February of 20 11 Defendants posted the text of their flyer and similar
allegations tliat Plaintiff had sexually and physically assaulted women and physically abused
animals on the emaillistservofBlue Stockings Bookstore
20 In March of2011 Defendants posted the text of their flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the website httpwwwdefendanimalsnycorgThis site is registered to Defendant Adam
Weissman and Defendant the Wetlands Activism Collective
21 Defendants posted a link to the above-mentioned web article on their personal
F acebook pages
22 In March of2011 Defendants posted the text of their flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the website httpwwwsupervegancom
23 In March of2011 Defendants posted the text oftheir flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the animal advocacy listserv AR-News The AR-News listserv is a popular emaillistserv that
reaches over 600 animal advocates from across the United States Emails posted to the listserve
are also perpetually and publicly viewable through the AR-News online listserv archive
24 Upon information and belief Defendants have made numerous other false and
damaging statements about Plaintiff to many other individuals in the animal advocacy
6
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 6 of 13
2
3
4
5
6
7
8
9
IO
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
community
25 Defendant Adam Weissman and Defendant Wetlands Activism Collective have
made among others the following false and defamatory statements about Plaintiff
a He has committed acts of physical violence against partners in
relationships and others
b He has committed acts of sexual violence against partners in relationships
and others
c He has committed acts of emotional violence against partners in
relationships and others
d He threatened to hurt and has physically hurt companion animals in order
to coerce partners in relationships and others
e He is an abuser of animals and women
26 Defendant Stephanie Wilson has made among others the following false and
defamatory statements about Plaintiff
a He raped her
b He threatened her on a regular basis
c He threw plates at her
d He threatened to hurt or kill her animals
e He intentionally let her animals out of the house so he could chase her
around screaming at her
f He encouraged his housemates to threaten her as often as possible
g He followed his ex-girlfriend around in a car
7
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 7 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
h Heis a danger to women and anyone that gets in his way
V FIRST CAUSE OF ACTION
DEFAMATION - LIBEL and SLANDER PER SE
(Against All Defendants)
middot27 The allegations of paragraphs 1-26 are incorporated by reference as though
fully set forth herein
28 The Defendants phone calls and emails to Blue Stockings Bookstore Jason Del
Gandio Lantern Press and other parties purport to be factual
29 Defendants printed flyer distributed outside ofBlue Stockings Bookstore purport
to be factual
30 Defendant Wilsons statement which has been disseminated via email to
professional and personal contacts of the Plaintiff purports to be factual
31 Defendants postings on the AR-News listserv Blue Stockings listserv and on the
web sites httpwwwDefendAnimalsNYCorg httpwwwSuperVegancom and
httpwwwFacebookcom purport to be factual
32 Defendants statements from all of these sources were intentionally
communicated to third parties in person over the phone over email by printed flyer via
listservs blogs web sites and web postings
33 Individuals who read saw or heard these statements including personal and
professional contacts of Plaintiff as well as potential customers ofhis book and potential
professional contacts reasonably understood them to be about Plaintiff
8
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 8 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
34 The above-described statements convey a defamatory meaning to their audience
They harm the reputation ofPlaintiff so as to lower it in the estimation of the community and
deter third persons from associating or dealing with Plaintiff and entice further baseless claims
against Plaintiff
35 All of the above~described statements of and concerning Plaintiff are false
36 It was Defendants expectation and intent that this defamatory matter would be
republished and further disseminated to the public at large as evidenced by their use of forums
with broad readershipviewership such as blogs popular listservs website~ and Facebook
37 Defendants publications of these false and defamatory statements of and
concerning Plaintiff were not privileged
38 Defendants were notified that their publications were defamatory via cease and
desist letters issued by Plaintiffs attorney to Defendants on March 12 2011 Defendants failed to
comply with or respond to the directives of the cease and desist letters
39 Defendant Stephanie Wilson published the above-described defamatory
statements with actual malice - ie knowledge of their falsity
40 Defendants Adam Weissman Wetlands Activism Collective and JOHN DOES
published the above-described defamatory statements with actual malice through a reckless
disregard for their falsity
41 As a result ofDefendants publication of these facts and defamatory statements
with actual malice Plaintiff has suffered damages in the form ofloss to reputation lost profits
and increased costs
42 Defendants acted with malice [see Dun and Bradstreet Inc v Greenmoss
9
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 9 of 13
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10
15
20
25
2
3
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28
Builders Inc 472 US 749 105 S Ct 2939 86 LEd2d 593 (1985)] and engaged in highly
reprehensible and despicable conduct warranting punitive damages
43 Defendants accused Plaintiff of the serious morally reprehensible crime of rape
Defendants also accused Plaintiff of behavior incompatible with his profession of animal
advocacy
44 Accordingly Defendants actions constitute defamation per se and Plaintiff need
not demonstrate special damages for purpose of slander
VI SECOND CAUSE OF ACTION
FALSE LIGHT
(Against All Defendants)
45 The allegations of paragraphs 1-44 are re-alleged and incorporated herein by
reference
46 Based on the aforementioned facts Defendants published numerous claims about
Plaintiff that were false and would be highly offensive to a reasonable person including that he
is a rapist physically abuses and physically threatens women threatens animals and abuses
animals
47 These claims purport to be factual
48 These claims would be highly offensive to a reasonable person
VII THIRD CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
10
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 10 of 13
5
10
15
20
25
2
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6
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12
13
14
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19
21
22
23
24
26
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28
(Against All Defendants)
49 The allegations of paragraphs 1-48 are re-alleged and incorporated by
reference herein
50 Based on the aforementioned facts the conduct of Defendants was outrageous and
beyond the bounds of decency such that no reasonable person could be expected to endure it
Plaintiff was and has been forced to endure great pain anguish shock feelings of helplessness
and desperation with Defendants attempts to stain Plaintiffs reputation and encourage others to
boycott his book
51 Defendants and each of them acted intentionally in conscious effort to cause
peril to Plaintiff
52 Defendants conducthas had a severe traumatic and lasting effect on Plaintiffs
emotional tranquility As a proximate result of the outrageous acts of the Defendants Plaintiff
has suffered severe emotional distress and a loss of and reduction of enjoyment in life
53 The distress created was in time and manner sufficiently substantial such that a
reasonable person of ordinary sensibilities would suffer under the circumstances
54 Since the time ofDefendants initial statements Plaintiff has incurred financial
losses in addressing these defamatory claims including costs associated with preparation for
litigation of this case
55 As a direct and proximate result of the intentional malicious harmful unlawful
and offensive acts of Defendants as aforesaid Plaintiff has sustained severe and serious injury
to his person including but not limited to severe emotional distress mental anguish and
suffering and impairment of reputation and standing in the community
11
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 11 of 13
5
10
15
20
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2
3
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28
Wherefore
AS TO THE FIRST CAUSE OF ACTION Plaintiff prays judgment against Defendants for
damages in excess of $75000 in amounts according to proof
1 F or compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements about Plaintiff
to others through the phone internet in person or thorough any other means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
6 For such other relief as the Court may deem just and proper
AS TO THE SECOND CAUSE OF ACTION Plaintiff prays judgment against Defendant for
damages in excess of $75000 in amounts according to proof for
1 For compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements
about Plaintiff to others through the phone internet in person or thorough any other
means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
12
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 12 of 13
5
10
15
20
25
2
3
4
6
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11
12
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14
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22
23
24
26
27
28
6 For such other relief as the Court may deem just and proper
AS TO THE THIRD CAUSE OF ACTION Plaintiff prays judgment against Defendant for
1 Special damages according to proof
2 Loss of enjoyment oflife in an amount according to proof
3 Compensatory damages including mental anguish and suffering personal humiliation
and impairment of reputation and standing in the community in an amount according to proof
4 Punitive damages in an amount judged appropriate by this Court
5 For any attorneys fees incurred herein
6 For costs of suit incurred herein
7 For such other and further relief as the Court may deem just and proper
Dated April 7 2011 Respectfully Submitted By
NICHOLAS COONEY PRO SE
13
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 13 of 13
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10
15
20
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2
3
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23
24
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28
information and belief asked Plaintiffs publisher to stop selling Plaintiffs book Defendants
also contacted other colleagues ofPlaintiff by phone and email and made similar demands that
they stop associating with Plaintiff
19 In February of 20 11 Defendants posted the text of their flyer and similar
allegations tliat Plaintiff had sexually and physically assaulted women and physically abused
animals on the emaillistservofBlue Stockings Bookstore
20 In March of2011 Defendants posted the text of their flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the website httpwwwdefendanimalsnycorgThis site is registered to Defendant Adam
Weissman and Defendant the Wetlands Activism Collective
21 Defendants posted a link to the above-mentioned web article on their personal
F acebook pages
22 In March of2011 Defendants posted the text of their flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the website httpwwwsupervegancom
23 In March of2011 Defendants posted the text oftheir flyer and similar allegations
that Plaintiff had sexually and physically assaulted women and physically abused animals on
the animal advocacy listserv AR-News The AR-News listserv is a popular emaillistserv that
reaches over 600 animal advocates from across the United States Emails posted to the listserve
are also perpetually and publicly viewable through the AR-News online listserv archive
24 Upon information and belief Defendants have made numerous other false and
damaging statements about Plaintiff to many other individuals in the animal advocacy
6
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 6 of 13
2
3
4
5
6
7
8
9
IO
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
community
25 Defendant Adam Weissman and Defendant Wetlands Activism Collective have
made among others the following false and defamatory statements about Plaintiff
a He has committed acts of physical violence against partners in
relationships and others
b He has committed acts of sexual violence against partners in relationships
and others
c He has committed acts of emotional violence against partners in
relationships and others
d He threatened to hurt and has physically hurt companion animals in order
to coerce partners in relationships and others
e He is an abuser of animals and women
26 Defendant Stephanie Wilson has made among others the following false and
defamatory statements about Plaintiff
a He raped her
b He threatened her on a regular basis
c He threw plates at her
d He threatened to hurt or kill her animals
e He intentionally let her animals out of the house so he could chase her
around screaming at her
f He encouraged his housemates to threaten her as often as possible
g He followed his ex-girlfriend around in a car
7
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 7 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
h Heis a danger to women and anyone that gets in his way
V FIRST CAUSE OF ACTION
DEFAMATION - LIBEL and SLANDER PER SE
(Against All Defendants)
middot27 The allegations of paragraphs 1-26 are incorporated by reference as though
fully set forth herein
28 The Defendants phone calls and emails to Blue Stockings Bookstore Jason Del
Gandio Lantern Press and other parties purport to be factual
29 Defendants printed flyer distributed outside ofBlue Stockings Bookstore purport
to be factual
30 Defendant Wilsons statement which has been disseminated via email to
professional and personal contacts of the Plaintiff purports to be factual
31 Defendants postings on the AR-News listserv Blue Stockings listserv and on the
web sites httpwwwDefendAnimalsNYCorg httpwwwSuperVegancom and
httpwwwFacebookcom purport to be factual
32 Defendants statements from all of these sources were intentionally
communicated to third parties in person over the phone over email by printed flyer via
listservs blogs web sites and web postings
33 Individuals who read saw or heard these statements including personal and
professional contacts of Plaintiff as well as potential customers ofhis book and potential
professional contacts reasonably understood them to be about Plaintiff
8
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 8 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
34 The above-described statements convey a defamatory meaning to their audience
They harm the reputation ofPlaintiff so as to lower it in the estimation of the community and
deter third persons from associating or dealing with Plaintiff and entice further baseless claims
against Plaintiff
35 All of the above~described statements of and concerning Plaintiff are false
36 It was Defendants expectation and intent that this defamatory matter would be
republished and further disseminated to the public at large as evidenced by their use of forums
with broad readershipviewership such as blogs popular listservs website~ and Facebook
37 Defendants publications of these false and defamatory statements of and
concerning Plaintiff were not privileged
38 Defendants were notified that their publications were defamatory via cease and
desist letters issued by Plaintiffs attorney to Defendants on March 12 2011 Defendants failed to
comply with or respond to the directives of the cease and desist letters
39 Defendant Stephanie Wilson published the above-described defamatory
statements with actual malice - ie knowledge of their falsity
40 Defendants Adam Weissman Wetlands Activism Collective and JOHN DOES
published the above-described defamatory statements with actual malice through a reckless
disregard for their falsity
41 As a result ofDefendants publication of these facts and defamatory statements
with actual malice Plaintiff has suffered damages in the form ofloss to reputation lost profits
and increased costs
42 Defendants acted with malice [see Dun and Bradstreet Inc v Greenmoss
9
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 9 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Builders Inc 472 US 749 105 S Ct 2939 86 LEd2d 593 (1985)] and engaged in highly
reprehensible and despicable conduct warranting punitive damages
43 Defendants accused Plaintiff of the serious morally reprehensible crime of rape
Defendants also accused Plaintiff of behavior incompatible with his profession of animal
advocacy
44 Accordingly Defendants actions constitute defamation per se and Plaintiff need
not demonstrate special damages for purpose of slander
VI SECOND CAUSE OF ACTION
FALSE LIGHT
(Against All Defendants)
45 The allegations of paragraphs 1-44 are re-alleged and incorporated herein by
reference
46 Based on the aforementioned facts Defendants published numerous claims about
Plaintiff that were false and would be highly offensive to a reasonable person including that he
is a rapist physically abuses and physically threatens women threatens animals and abuses
animals
47 These claims purport to be factual
48 These claims would be highly offensive to a reasonable person
VII THIRD CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
10
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 10 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
(Against All Defendants)
49 The allegations of paragraphs 1-48 are re-alleged and incorporated by
reference herein
50 Based on the aforementioned facts the conduct of Defendants was outrageous and
beyond the bounds of decency such that no reasonable person could be expected to endure it
Plaintiff was and has been forced to endure great pain anguish shock feelings of helplessness
and desperation with Defendants attempts to stain Plaintiffs reputation and encourage others to
boycott his book
51 Defendants and each of them acted intentionally in conscious effort to cause
peril to Plaintiff
52 Defendants conducthas had a severe traumatic and lasting effect on Plaintiffs
emotional tranquility As a proximate result of the outrageous acts of the Defendants Plaintiff
has suffered severe emotional distress and a loss of and reduction of enjoyment in life
53 The distress created was in time and manner sufficiently substantial such that a
reasonable person of ordinary sensibilities would suffer under the circumstances
54 Since the time ofDefendants initial statements Plaintiff has incurred financial
losses in addressing these defamatory claims including costs associated with preparation for
litigation of this case
55 As a direct and proximate result of the intentional malicious harmful unlawful
and offensive acts of Defendants as aforesaid Plaintiff has sustained severe and serious injury
to his person including but not limited to severe emotional distress mental anguish and
suffering and impairment of reputation and standing in the community
11
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 11 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Wherefore
AS TO THE FIRST CAUSE OF ACTION Plaintiff prays judgment against Defendants for
damages in excess of $75000 in amounts according to proof
1 F or compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements about Plaintiff
to others through the phone internet in person or thorough any other means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
6 For such other relief as the Court may deem just and proper
AS TO THE SECOND CAUSE OF ACTION Plaintiff prays judgment against Defendant for
damages in excess of $75000 in amounts according to proof for
1 For compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements
about Plaintiff to others through the phone internet in person or thorough any other
means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
12
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 12 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
6 For such other relief as the Court may deem just and proper
AS TO THE THIRD CAUSE OF ACTION Plaintiff prays judgment against Defendant for
1 Special damages according to proof
2 Loss of enjoyment oflife in an amount according to proof
3 Compensatory damages including mental anguish and suffering personal humiliation
and impairment of reputation and standing in the community in an amount according to proof
4 Punitive damages in an amount judged appropriate by this Court
5 For any attorneys fees incurred herein
6 For costs of suit incurred herein
7 For such other and further relief as the Court may deem just and proper
Dated April 7 2011 Respectfully Submitted By
NICHOLAS COONEY PRO SE
13
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 13 of 13
2
3
4
5
6
7
8
9
IO
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
community
25 Defendant Adam Weissman and Defendant Wetlands Activism Collective have
made among others the following false and defamatory statements about Plaintiff
a He has committed acts of physical violence against partners in
relationships and others
b He has committed acts of sexual violence against partners in relationships
and others
c He has committed acts of emotional violence against partners in
relationships and others
d He threatened to hurt and has physically hurt companion animals in order
to coerce partners in relationships and others
e He is an abuser of animals and women
26 Defendant Stephanie Wilson has made among others the following false and
defamatory statements about Plaintiff
a He raped her
b He threatened her on a regular basis
c He threw plates at her
d He threatened to hurt or kill her animals
e He intentionally let her animals out of the house so he could chase her
around screaming at her
f He encouraged his housemates to threaten her as often as possible
g He followed his ex-girlfriend around in a car
7
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 7 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
h Heis a danger to women and anyone that gets in his way
V FIRST CAUSE OF ACTION
DEFAMATION - LIBEL and SLANDER PER SE
(Against All Defendants)
middot27 The allegations of paragraphs 1-26 are incorporated by reference as though
fully set forth herein
28 The Defendants phone calls and emails to Blue Stockings Bookstore Jason Del
Gandio Lantern Press and other parties purport to be factual
29 Defendants printed flyer distributed outside ofBlue Stockings Bookstore purport
to be factual
30 Defendant Wilsons statement which has been disseminated via email to
professional and personal contacts of the Plaintiff purports to be factual
31 Defendants postings on the AR-News listserv Blue Stockings listserv and on the
web sites httpwwwDefendAnimalsNYCorg httpwwwSuperVegancom and
httpwwwFacebookcom purport to be factual
32 Defendants statements from all of these sources were intentionally
communicated to third parties in person over the phone over email by printed flyer via
listservs blogs web sites and web postings
33 Individuals who read saw or heard these statements including personal and
professional contacts of Plaintiff as well as potential customers ofhis book and potential
professional contacts reasonably understood them to be about Plaintiff
8
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 8 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
34 The above-described statements convey a defamatory meaning to their audience
They harm the reputation ofPlaintiff so as to lower it in the estimation of the community and
deter third persons from associating or dealing with Plaintiff and entice further baseless claims
against Plaintiff
35 All of the above~described statements of and concerning Plaintiff are false
36 It was Defendants expectation and intent that this defamatory matter would be
republished and further disseminated to the public at large as evidenced by their use of forums
with broad readershipviewership such as blogs popular listservs website~ and Facebook
37 Defendants publications of these false and defamatory statements of and
concerning Plaintiff were not privileged
38 Defendants were notified that their publications were defamatory via cease and
desist letters issued by Plaintiffs attorney to Defendants on March 12 2011 Defendants failed to
comply with or respond to the directives of the cease and desist letters
39 Defendant Stephanie Wilson published the above-described defamatory
statements with actual malice - ie knowledge of their falsity
40 Defendants Adam Weissman Wetlands Activism Collective and JOHN DOES
published the above-described defamatory statements with actual malice through a reckless
disregard for their falsity
41 As a result ofDefendants publication of these facts and defamatory statements
with actual malice Plaintiff has suffered damages in the form ofloss to reputation lost profits
and increased costs
42 Defendants acted with malice [see Dun and Bradstreet Inc v Greenmoss
9
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 9 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Builders Inc 472 US 749 105 S Ct 2939 86 LEd2d 593 (1985)] and engaged in highly
reprehensible and despicable conduct warranting punitive damages
43 Defendants accused Plaintiff of the serious morally reprehensible crime of rape
Defendants also accused Plaintiff of behavior incompatible with his profession of animal
advocacy
44 Accordingly Defendants actions constitute defamation per se and Plaintiff need
not demonstrate special damages for purpose of slander
VI SECOND CAUSE OF ACTION
FALSE LIGHT
(Against All Defendants)
45 The allegations of paragraphs 1-44 are re-alleged and incorporated herein by
reference
46 Based on the aforementioned facts Defendants published numerous claims about
Plaintiff that were false and would be highly offensive to a reasonable person including that he
is a rapist physically abuses and physically threatens women threatens animals and abuses
animals
47 These claims purport to be factual
48 These claims would be highly offensive to a reasonable person
VII THIRD CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
10
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 10 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
(Against All Defendants)
49 The allegations of paragraphs 1-48 are re-alleged and incorporated by
reference herein
50 Based on the aforementioned facts the conduct of Defendants was outrageous and
beyond the bounds of decency such that no reasonable person could be expected to endure it
Plaintiff was and has been forced to endure great pain anguish shock feelings of helplessness
and desperation with Defendants attempts to stain Plaintiffs reputation and encourage others to
boycott his book
51 Defendants and each of them acted intentionally in conscious effort to cause
peril to Plaintiff
52 Defendants conducthas had a severe traumatic and lasting effect on Plaintiffs
emotional tranquility As a proximate result of the outrageous acts of the Defendants Plaintiff
has suffered severe emotional distress and a loss of and reduction of enjoyment in life
53 The distress created was in time and manner sufficiently substantial such that a
reasonable person of ordinary sensibilities would suffer under the circumstances
54 Since the time ofDefendants initial statements Plaintiff has incurred financial
losses in addressing these defamatory claims including costs associated with preparation for
litigation of this case
55 As a direct and proximate result of the intentional malicious harmful unlawful
and offensive acts of Defendants as aforesaid Plaintiff has sustained severe and serious injury
to his person including but not limited to severe emotional distress mental anguish and
suffering and impairment of reputation and standing in the community
11
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 11 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Wherefore
AS TO THE FIRST CAUSE OF ACTION Plaintiff prays judgment against Defendants for
damages in excess of $75000 in amounts according to proof
1 F or compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements about Plaintiff
to others through the phone internet in person or thorough any other means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
6 For such other relief as the Court may deem just and proper
AS TO THE SECOND CAUSE OF ACTION Plaintiff prays judgment against Defendant for
damages in excess of $75000 in amounts according to proof for
1 For compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements
about Plaintiff to others through the phone internet in person or thorough any other
means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
12
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 12 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
6 For such other relief as the Court may deem just and proper
AS TO THE THIRD CAUSE OF ACTION Plaintiff prays judgment against Defendant for
1 Special damages according to proof
2 Loss of enjoyment oflife in an amount according to proof
3 Compensatory damages including mental anguish and suffering personal humiliation
and impairment of reputation and standing in the community in an amount according to proof
4 Punitive damages in an amount judged appropriate by this Court
5 For any attorneys fees incurred herein
6 For costs of suit incurred herein
7 For such other and further relief as the Court may deem just and proper
Dated April 7 2011 Respectfully Submitted By
NICHOLAS COONEY PRO SE
13
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 13 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
h Heis a danger to women and anyone that gets in his way
V FIRST CAUSE OF ACTION
DEFAMATION - LIBEL and SLANDER PER SE
(Against All Defendants)
middot27 The allegations of paragraphs 1-26 are incorporated by reference as though
fully set forth herein
28 The Defendants phone calls and emails to Blue Stockings Bookstore Jason Del
Gandio Lantern Press and other parties purport to be factual
29 Defendants printed flyer distributed outside ofBlue Stockings Bookstore purport
to be factual
30 Defendant Wilsons statement which has been disseminated via email to
professional and personal contacts of the Plaintiff purports to be factual
31 Defendants postings on the AR-News listserv Blue Stockings listserv and on the
web sites httpwwwDefendAnimalsNYCorg httpwwwSuperVegancom and
httpwwwFacebookcom purport to be factual
32 Defendants statements from all of these sources were intentionally
communicated to third parties in person over the phone over email by printed flyer via
listservs blogs web sites and web postings
33 Individuals who read saw or heard these statements including personal and
professional contacts of Plaintiff as well as potential customers ofhis book and potential
professional contacts reasonably understood them to be about Plaintiff
8
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 8 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
34 The above-described statements convey a defamatory meaning to their audience
They harm the reputation ofPlaintiff so as to lower it in the estimation of the community and
deter third persons from associating or dealing with Plaintiff and entice further baseless claims
against Plaintiff
35 All of the above~described statements of and concerning Plaintiff are false
36 It was Defendants expectation and intent that this defamatory matter would be
republished and further disseminated to the public at large as evidenced by their use of forums
with broad readershipviewership such as blogs popular listservs website~ and Facebook
37 Defendants publications of these false and defamatory statements of and
concerning Plaintiff were not privileged
38 Defendants were notified that their publications were defamatory via cease and
desist letters issued by Plaintiffs attorney to Defendants on March 12 2011 Defendants failed to
comply with or respond to the directives of the cease and desist letters
39 Defendant Stephanie Wilson published the above-described defamatory
statements with actual malice - ie knowledge of their falsity
40 Defendants Adam Weissman Wetlands Activism Collective and JOHN DOES
published the above-described defamatory statements with actual malice through a reckless
disregard for their falsity
41 As a result ofDefendants publication of these facts and defamatory statements
with actual malice Plaintiff has suffered damages in the form ofloss to reputation lost profits
and increased costs
42 Defendants acted with malice [see Dun and Bradstreet Inc v Greenmoss
9
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 9 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Builders Inc 472 US 749 105 S Ct 2939 86 LEd2d 593 (1985)] and engaged in highly
reprehensible and despicable conduct warranting punitive damages
43 Defendants accused Plaintiff of the serious morally reprehensible crime of rape
Defendants also accused Plaintiff of behavior incompatible with his profession of animal
advocacy
44 Accordingly Defendants actions constitute defamation per se and Plaintiff need
not demonstrate special damages for purpose of slander
VI SECOND CAUSE OF ACTION
FALSE LIGHT
(Against All Defendants)
45 The allegations of paragraphs 1-44 are re-alleged and incorporated herein by
reference
46 Based on the aforementioned facts Defendants published numerous claims about
Plaintiff that were false and would be highly offensive to a reasonable person including that he
is a rapist physically abuses and physically threatens women threatens animals and abuses
animals
47 These claims purport to be factual
48 These claims would be highly offensive to a reasonable person
VII THIRD CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
10
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 10 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
(Against All Defendants)
49 The allegations of paragraphs 1-48 are re-alleged and incorporated by
reference herein
50 Based on the aforementioned facts the conduct of Defendants was outrageous and
beyond the bounds of decency such that no reasonable person could be expected to endure it
Plaintiff was and has been forced to endure great pain anguish shock feelings of helplessness
and desperation with Defendants attempts to stain Plaintiffs reputation and encourage others to
boycott his book
51 Defendants and each of them acted intentionally in conscious effort to cause
peril to Plaintiff
52 Defendants conducthas had a severe traumatic and lasting effect on Plaintiffs
emotional tranquility As a proximate result of the outrageous acts of the Defendants Plaintiff
has suffered severe emotional distress and a loss of and reduction of enjoyment in life
53 The distress created was in time and manner sufficiently substantial such that a
reasonable person of ordinary sensibilities would suffer under the circumstances
54 Since the time ofDefendants initial statements Plaintiff has incurred financial
losses in addressing these defamatory claims including costs associated with preparation for
litigation of this case
55 As a direct and proximate result of the intentional malicious harmful unlawful
and offensive acts of Defendants as aforesaid Plaintiff has sustained severe and serious injury
to his person including but not limited to severe emotional distress mental anguish and
suffering and impairment of reputation and standing in the community
11
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 11 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Wherefore
AS TO THE FIRST CAUSE OF ACTION Plaintiff prays judgment against Defendants for
damages in excess of $75000 in amounts according to proof
1 F or compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements about Plaintiff
to others through the phone internet in person or thorough any other means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
6 For such other relief as the Court may deem just and proper
AS TO THE SECOND CAUSE OF ACTION Plaintiff prays judgment against Defendant for
damages in excess of $75000 in amounts according to proof for
1 For compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements
about Plaintiff to others through the phone internet in person or thorough any other
means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
12
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 12 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
6 For such other relief as the Court may deem just and proper
AS TO THE THIRD CAUSE OF ACTION Plaintiff prays judgment against Defendant for
1 Special damages according to proof
2 Loss of enjoyment oflife in an amount according to proof
3 Compensatory damages including mental anguish and suffering personal humiliation
and impairment of reputation and standing in the community in an amount according to proof
4 Punitive damages in an amount judged appropriate by this Court
5 For any attorneys fees incurred herein
6 For costs of suit incurred herein
7 For such other and further relief as the Court may deem just and proper
Dated April 7 2011 Respectfully Submitted By
NICHOLAS COONEY PRO SE
13
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 13 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
34 The above-described statements convey a defamatory meaning to their audience
They harm the reputation ofPlaintiff so as to lower it in the estimation of the community and
deter third persons from associating or dealing with Plaintiff and entice further baseless claims
against Plaintiff
35 All of the above~described statements of and concerning Plaintiff are false
36 It was Defendants expectation and intent that this defamatory matter would be
republished and further disseminated to the public at large as evidenced by their use of forums
with broad readershipviewership such as blogs popular listservs website~ and Facebook
37 Defendants publications of these false and defamatory statements of and
concerning Plaintiff were not privileged
38 Defendants were notified that their publications were defamatory via cease and
desist letters issued by Plaintiffs attorney to Defendants on March 12 2011 Defendants failed to
comply with or respond to the directives of the cease and desist letters
39 Defendant Stephanie Wilson published the above-described defamatory
statements with actual malice - ie knowledge of their falsity
40 Defendants Adam Weissman Wetlands Activism Collective and JOHN DOES
published the above-described defamatory statements with actual malice through a reckless
disregard for their falsity
41 As a result ofDefendants publication of these facts and defamatory statements
with actual malice Plaintiff has suffered damages in the form ofloss to reputation lost profits
and increased costs
42 Defendants acted with malice [see Dun and Bradstreet Inc v Greenmoss
9
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 9 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Builders Inc 472 US 749 105 S Ct 2939 86 LEd2d 593 (1985)] and engaged in highly
reprehensible and despicable conduct warranting punitive damages
43 Defendants accused Plaintiff of the serious morally reprehensible crime of rape
Defendants also accused Plaintiff of behavior incompatible with his profession of animal
advocacy
44 Accordingly Defendants actions constitute defamation per se and Plaintiff need
not demonstrate special damages for purpose of slander
VI SECOND CAUSE OF ACTION
FALSE LIGHT
(Against All Defendants)
45 The allegations of paragraphs 1-44 are re-alleged and incorporated herein by
reference
46 Based on the aforementioned facts Defendants published numerous claims about
Plaintiff that were false and would be highly offensive to a reasonable person including that he
is a rapist physically abuses and physically threatens women threatens animals and abuses
animals
47 These claims purport to be factual
48 These claims would be highly offensive to a reasonable person
VII THIRD CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
10
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 10 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
(Against All Defendants)
49 The allegations of paragraphs 1-48 are re-alleged and incorporated by
reference herein
50 Based on the aforementioned facts the conduct of Defendants was outrageous and
beyond the bounds of decency such that no reasonable person could be expected to endure it
Plaintiff was and has been forced to endure great pain anguish shock feelings of helplessness
and desperation with Defendants attempts to stain Plaintiffs reputation and encourage others to
boycott his book
51 Defendants and each of them acted intentionally in conscious effort to cause
peril to Plaintiff
52 Defendants conducthas had a severe traumatic and lasting effect on Plaintiffs
emotional tranquility As a proximate result of the outrageous acts of the Defendants Plaintiff
has suffered severe emotional distress and a loss of and reduction of enjoyment in life
53 The distress created was in time and manner sufficiently substantial such that a
reasonable person of ordinary sensibilities would suffer under the circumstances
54 Since the time ofDefendants initial statements Plaintiff has incurred financial
losses in addressing these defamatory claims including costs associated with preparation for
litigation of this case
55 As a direct and proximate result of the intentional malicious harmful unlawful
and offensive acts of Defendants as aforesaid Plaintiff has sustained severe and serious injury
to his person including but not limited to severe emotional distress mental anguish and
suffering and impairment of reputation and standing in the community
11
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 11 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Wherefore
AS TO THE FIRST CAUSE OF ACTION Plaintiff prays judgment against Defendants for
damages in excess of $75000 in amounts according to proof
1 F or compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements about Plaintiff
to others through the phone internet in person or thorough any other means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
6 For such other relief as the Court may deem just and proper
AS TO THE SECOND CAUSE OF ACTION Plaintiff prays judgment against Defendant for
damages in excess of $75000 in amounts according to proof for
1 For compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements
about Plaintiff to others through the phone internet in person or thorough any other
means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
12
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 12 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
6 For such other relief as the Court may deem just and proper
AS TO THE THIRD CAUSE OF ACTION Plaintiff prays judgment against Defendant for
1 Special damages according to proof
2 Loss of enjoyment oflife in an amount according to proof
3 Compensatory damages including mental anguish and suffering personal humiliation
and impairment of reputation and standing in the community in an amount according to proof
4 Punitive damages in an amount judged appropriate by this Court
5 For any attorneys fees incurred herein
6 For costs of suit incurred herein
7 For such other and further relief as the Court may deem just and proper
Dated April 7 2011 Respectfully Submitted By
NICHOLAS COONEY PRO SE
13
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 13 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Builders Inc 472 US 749 105 S Ct 2939 86 LEd2d 593 (1985)] and engaged in highly
reprehensible and despicable conduct warranting punitive damages
43 Defendants accused Plaintiff of the serious morally reprehensible crime of rape
Defendants also accused Plaintiff of behavior incompatible with his profession of animal
advocacy
44 Accordingly Defendants actions constitute defamation per se and Plaintiff need
not demonstrate special damages for purpose of slander
VI SECOND CAUSE OF ACTION
FALSE LIGHT
(Against All Defendants)
45 The allegations of paragraphs 1-44 are re-alleged and incorporated herein by
reference
46 Based on the aforementioned facts Defendants published numerous claims about
Plaintiff that were false and would be highly offensive to a reasonable person including that he
is a rapist physically abuses and physically threatens women threatens animals and abuses
animals
47 These claims purport to be factual
48 These claims would be highly offensive to a reasonable person
VII THIRD CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
10
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 10 of 13
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
(Against All Defendants)
49 The allegations of paragraphs 1-48 are re-alleged and incorporated by
reference herein
50 Based on the aforementioned facts the conduct of Defendants was outrageous and
beyond the bounds of decency such that no reasonable person could be expected to endure it
Plaintiff was and has been forced to endure great pain anguish shock feelings of helplessness
and desperation with Defendants attempts to stain Plaintiffs reputation and encourage others to
boycott his book
51 Defendants and each of them acted intentionally in conscious effort to cause
peril to Plaintiff
52 Defendants conducthas had a severe traumatic and lasting effect on Plaintiffs
emotional tranquility As a proximate result of the outrageous acts of the Defendants Plaintiff
has suffered severe emotional distress and a loss of and reduction of enjoyment in life
53 The distress created was in time and manner sufficiently substantial such that a
reasonable person of ordinary sensibilities would suffer under the circumstances
54 Since the time ofDefendants initial statements Plaintiff has incurred financial
losses in addressing these defamatory claims including costs associated with preparation for
litigation of this case
55 As a direct and proximate result of the intentional malicious harmful unlawful
and offensive acts of Defendants as aforesaid Plaintiff has sustained severe and serious injury
to his person including but not limited to severe emotional distress mental anguish and
suffering and impairment of reputation and standing in the community
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COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 11 of 13
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Wherefore
AS TO THE FIRST CAUSE OF ACTION Plaintiff prays judgment against Defendants for
damages in excess of $75000 in amounts according to proof
1 F or compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements about Plaintiff
to others through the phone internet in person or thorough any other means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
6 For such other relief as the Court may deem just and proper
AS TO THE SECOND CAUSE OF ACTION Plaintiff prays judgment against Defendant for
damages in excess of $75000 in amounts according to proof for
1 For compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements
about Plaintiff to others through the phone internet in person or thorough any other
means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
12
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 12 of 13
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6 For such other relief as the Court may deem just and proper
AS TO THE THIRD CAUSE OF ACTION Plaintiff prays judgment against Defendant for
1 Special damages according to proof
2 Loss of enjoyment oflife in an amount according to proof
3 Compensatory damages including mental anguish and suffering personal humiliation
and impairment of reputation and standing in the community in an amount according to proof
4 Punitive damages in an amount judged appropriate by this Court
5 For any attorneys fees incurred herein
6 For costs of suit incurred herein
7 For such other and further relief as the Court may deem just and proper
Dated April 7 2011 Respectfully Submitted By
NICHOLAS COONEY PRO SE
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COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 13 of 13
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(Against All Defendants)
49 The allegations of paragraphs 1-48 are re-alleged and incorporated by
reference herein
50 Based on the aforementioned facts the conduct of Defendants was outrageous and
beyond the bounds of decency such that no reasonable person could be expected to endure it
Plaintiff was and has been forced to endure great pain anguish shock feelings of helplessness
and desperation with Defendants attempts to stain Plaintiffs reputation and encourage others to
boycott his book
51 Defendants and each of them acted intentionally in conscious effort to cause
peril to Plaintiff
52 Defendants conducthas had a severe traumatic and lasting effect on Plaintiffs
emotional tranquility As a proximate result of the outrageous acts of the Defendants Plaintiff
has suffered severe emotional distress and a loss of and reduction of enjoyment in life
53 The distress created was in time and manner sufficiently substantial such that a
reasonable person of ordinary sensibilities would suffer under the circumstances
54 Since the time ofDefendants initial statements Plaintiff has incurred financial
losses in addressing these defamatory claims including costs associated with preparation for
litigation of this case
55 As a direct and proximate result of the intentional malicious harmful unlawful
and offensive acts of Defendants as aforesaid Plaintiff has sustained severe and serious injury
to his person including but not limited to severe emotional distress mental anguish and
suffering and impairment of reputation and standing in the community
11
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 11 of 13
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Wherefore
AS TO THE FIRST CAUSE OF ACTION Plaintiff prays judgment against Defendants for
damages in excess of $75000 in amounts according to proof
1 F or compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements about Plaintiff
to others through the phone internet in person or thorough any other means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
6 For such other relief as the Court may deem just and proper
AS TO THE SECOND CAUSE OF ACTION Plaintiff prays judgment against Defendant for
damages in excess of $75000 in amounts according to proof for
1 For compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements
about Plaintiff to others through the phone internet in person or thorough any other
means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
12
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 12 of 13
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6 For such other relief as the Court may deem just and proper
AS TO THE THIRD CAUSE OF ACTION Plaintiff prays judgment against Defendant for
1 Special damages according to proof
2 Loss of enjoyment oflife in an amount according to proof
3 Compensatory damages including mental anguish and suffering personal humiliation
and impairment of reputation and standing in the community in an amount according to proof
4 Punitive damages in an amount judged appropriate by this Court
5 For any attorneys fees incurred herein
6 For costs of suit incurred herein
7 For such other and further relief as the Court may deem just and proper
Dated April 7 2011 Respectfully Submitted By
NICHOLAS COONEY PRO SE
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COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 13 of 13
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Wherefore
AS TO THE FIRST CAUSE OF ACTION Plaintiff prays judgment against Defendants for
damages in excess of $75000 in amounts according to proof
1 F or compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements about Plaintiff
to others through the phone internet in person or thorough any other means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
6 For such other relief as the Court may deem just and proper
AS TO THE SECOND CAUSE OF ACTION Plaintiff prays judgment against Defendant for
damages in excess of $75000 in amounts according to proof for
1 For compensatory damages
2 For punitive damages
3 Upon a verdict or judicial finding in favor of Cooney on his defamation claim for
a permanent injunction enjoining Defendants from issuing defamatory statements
about Plaintiff to others through the phone internet in person or thorough any other
means
4 For costs of suit incurred herein
5 For any attorneys fees incurred herein and
12
COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 12 of 13
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6 For such other relief as the Court may deem just and proper
AS TO THE THIRD CAUSE OF ACTION Plaintiff prays judgment against Defendant for
1 Special damages according to proof
2 Loss of enjoyment oflife in an amount according to proof
3 Compensatory damages including mental anguish and suffering personal humiliation
and impairment of reputation and standing in the community in an amount according to proof
4 Punitive damages in an amount judged appropriate by this Court
5 For any attorneys fees incurred herein
6 For costs of suit incurred herein
7 For such other and further relief as the Court may deem just and proper
Dated April 7 2011 Respectfully Submitted By
NICHOLAS COONEY PRO SE
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COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 13 of 13
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6 For such other relief as the Court may deem just and proper
AS TO THE THIRD CAUSE OF ACTION Plaintiff prays judgment against Defendant for
1 Special damages according to proof
2 Loss of enjoyment oflife in an amount according to proof
3 Compensatory damages including mental anguish and suffering personal humiliation
and impairment of reputation and standing in the community in an amount according to proof
4 Punitive damages in an amount judged appropriate by this Court
5 For any attorneys fees incurred herein
6 For costs of suit incurred herein
7 For such other and further relief as the Court may deem just and proper
Dated April 7 2011 Respectfully Submitted By
NICHOLAS COONEY PRO SE
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COMPLAINT FOR DAMAGES
Case 211-cv-02425-PBT Document 1 Filed 040711 Page 13 of 13
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