Complaint- Violation of Privacy Rights

February 4, 2023

UNITED STATES DISTRICT COURT

FOR THE _______ DISTRICT OF CALIFORNIA 

_________ DIVISION

 

HART CUNNINGHAM,

                                  Plaintiff

    vs.  

SHERIF EL DABE,

                                Defendant

Case No. ______________Honorable: _____________

 

COMPLAINT

  1. COMES NOW Plaintiff HART CUNNINGHAM, with this complaint against the Defendant SHERIF EL DABE, as follows: 

PARTIES

  1. Complainant, HART CUNNINGHAM, is an individual of address [ENTER ADDRESS].
  2. Defendant, SHERIF EL DABE is is an individual of address [ENTER ADDRESS].

JURISDICITON AND VENUE

  1. This court has federal question jurisdiction pursuant to 28 U.S.C § 1331 since it involves the violations of federal law. Plaintiff brings the suit under 18 U.S.C § 241.  
  2. Venue is proper in this district under 28 U.S.C. § 1391 as Plaintiff and/or Defendant is subject to personal jurisdiction in this state. Plaintiff and/or Defendant lives within the jurisdiction of this Court. Besides, a substantial part of the acts and omissions forming the basis of these claims occurred in the District of California and arose from the actions or inactions of the Defendants. 

FACTS

  1. Defendant utilized internet scrapping tools, and dark web purchases of data of 29 Million Americans that have driven in CA. He purchased the said data for his law firm in order to find and engage with DUI victims or drivers. 
  2. Defendant then sold the data to for profit schools in order to buy commercial real estate for himself in LA, which renters pay $5,000 a month to Defendant.
  3.  Defendant p[ays the $43k annual Buckley-Sherman Oaks, tuition with these illegal commercial funds. He was advised against defrauding his client (for profit school in Los Angeles) of $88M. Defendant provided this info to Sean Ervin, who also witnessed Defendant attack his child on Ventura Blvd before attending Buckley school.

CLAIMS FOR RELIEF

COUNT 1

VIOLATION OF THE COMPUTER FRAUD AND ABUSE ACT

18 U.S.C. § 1030

  1. The foregoing paragraphs are realleged and incorporated by reference herein.
  2. A private right of action exists under the Computer Fraud and Abuse Act. 
  3. Whoever intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains information from any protected computer if the conduct involved an interstate or foreign communication shall be punished under the Act. 
  4. The Defendant utilized internet scrapping tools, and dark web purchases of data of 29 Million Americans that have driven in CA. He purchased the said data for his law firm in order to find and engage with DUI victims or drivers.

 

COUNT 2

VIOLATION OF PRIVACY RIGHTS

  1. The foregoing paragraphs are realleged and incorporated by reference herein.
  2. Invasion of privacy is considered the intrusion upon, or revelation of, something private.
  3. One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his/her private affairs or concerns, is subject to liability to the other for invasion of privacy
  4. Public disclosure of private facts occurs when a person gives publicity to a matter that concerns the private life of another, but it must be a matter that would be highly offensive to a reasonable person and that is not of legitimate public concern.  
  5. In actions for privacy right infringement, truth is not a defense and it is not necessary to allege or prove special damages.
  6. The Defendant intruded into Plaintiff’s private information, while looking for DUI victims or drivers. Defendant later sold such data and thus obtained pecuniary benefit from his unjust act. 

COUNT 3

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

  1. The foregoing paragraphs are realleged and incorporated by reference herein.
  2. The acts and conducts of the Defendant were extreme and outrageous. The Defendant intended to cause, or were in reckless disregard of the probability that his conduct would cause, emotional distress to Plaintiff. 
  3. The said actions and conduct did directly and proximately cause severe emotional distress to Plaintiff, and thereby constituted intentional infliction of emotional distress. 
  4. The misconduct described in this Count was undertaken with malice, willfulness, and reckless indifference to the rights of others. 
  5. As a proximate result of Defendant’s wrongful acts, Plaintiff suffered damages, including emotional distress and anguish.

COUNT 4

INJUNCTIVE RELIEF

  1. The foregoing paragraphs are realleged and incorporated by reference herein.
  2. Unless Defendant is restrained and enjoined by this court from continuing to use and/or deal in the stolen data in the manner described herein, he will continue to do so, irreparably harming and injuring the Plaintiff.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiff is entitled to damages from the Defendants, and he hereby prays that judgment be entered in his favor and against the Defendants as follows:

Complainant seeks the following remedies:

  1. That the Court orders compensatory damages in an amount to be determined by the court, for the Defendant’s theft of Plaintiff’s data. 
  2. That the Court orders punitive damages against Defendant for their injurious and malicious actions against the Plaintiff. 
  3. That the Court orders a temporary and permanent injunction preventing Defendant from using and/or dealing with/in the stolen data. 
  4. That the Court orders reimbursed court costs, maximum pre and post judgment interest.
  5. That the Court issues any other order that this institution deems just. 

 

Respectfully submitted:

 

 

Dated: __________

 

CERTIFICATE OF MAILING

I, [ENTER NAME], certified on this ______day of ________ 2021, I deposited a true copy of the above to the Defendants by placing the documents with prepaid postage in the United States mailbox address.

 

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