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ALBERT H. WUNSCH, III, ESQ.

400 Sylvan Avenue


Englewood Cliffs, NJ 07632
(201) 541-0500
Attorney for Plaintiff, Vinnie Politan

Vinnie Politan FEDERAL DISTRICT


COURT OF NEW JERSEY
Plaintiff,
ESSEX COUNTY/LAW DIVISION

-vs- DOCKET NO:

John Doe 1-10 CIVIL ACTION


ABC Corp 1-10
(said names are fictitious
and presently unknown)

Defendants, COMPLAINT AND JURY DEMAND

Plaintiff, Vinnie Politan, who resides in the State of New

Jersey, by way of Complaint against the defendants, or any of

them, says:

1. Plaintiff at all times herein is a resident of New

Jersey and is employed in the State of New York. Plaintiff is a

nationally recognized media personality who is heard daily on

the radio and seen on numerous television networks.

2. Defendant, ABC Corporation 1-10(said names are

fictitious and presently unknown) is a Corporation with it’s

principle place of business in New York, New York.

3. Defendant, John Doe 1-10(said names are fictitious and

presently unknown) upon information and belief is a resident of

the State of New York or is otherwise employed by ABC 1-10


Corporation.

4. On or about the week of September 27 to October 2,

2009, Defendant, or any of them, aired, published or otherwise

made available for public view, a statement that characterized

the Plaintiff a homosexual, has homosexual tendencies and/or has

engaged in homosexual activity in the past, knowing that these

statements were false and would cause Plaintiff great mental

anguish and harm.

5. Defendants, or any of them, illegally accessed into

Plaintiff’s personal Twitter account without permission and/or

consent and utilized same to spread defamatory, false,

malicious, and/or libelous lies and statements which they knew

and/or should have known to be materially false and untrue.

6. Defendants, or any of them, notwithstanding their

knowledge of it’s material falsity and misrepresentation used

Plaintiff’s twitter account to broadcast, published and/or make

public these statements to the public with malicious intent to

libel the Plaintiff and cause him great personal and

professional harm.

7. As a result of Defendants false, malicious and libelous

statements, Plaintiff has suffered mental anguish,has suffered

monetarily in his professional life and has otherwise suffered.

WHEREFORE Plaintiff Demands Judgement against the

Defendants, individually, jointly and/or severally:

Ordering Defendants to cease and desist from making


libelous statements on the Plaintiff’s Twitter account;

For compensatory damages for the extensive physical

and emotional damages Plaintiff has and will continue to suffer;

For punitive damages;

For attorney fees and costs of suit;

And for such other relief the court may deem Just and

Equitable.

SECOND COUNT

1. Plaintiff repeats and realleges the statements

continued in Count 1.

2. Defendants, or any of them, by their actions in posting

false and malicious statements on the Internet violates 18 USC

2709, which prohibits a person or persons from purposely posting

false, harassing or misleading information with the knowledge

that it will likely cause harm to another.

3. Defendant’s actions have violated the criminal laws of

the United States enacted by the Legislature and have directly

caused Plaintiff harm and damage.

WHEREFORE Plaintiff demands Judgement against

Defendants for:

Compensatory damages;

Punitive damages;

Treble damages pursuant to 18 USC 2709;

Attorney’s fees and costs of suit;


All such relief the court shall deem Just and

Equitable.

THIRD COUNT

1. Plaintiff repeats and reallges the statements continued

in Counts I and II.

2. Defendants, or any of them, through their actions

commited computer criminal activity by accessing the Plaintiff’s

Twitter account and altering data with information they knew to

be false and purposely allowed to the disemination of same for

view by the general public at large in direct violation of

N.J.S.A. 2C:20-25, et seq.

3. Said actions by Defendants, or any of them, is a crime

of the Second Degree in that said Twitter Account contained

personal identifying information of the Plaintiff.

4. Said actions by Defendants, or any of them, furthermore

created a substantial interruption and/or impairment of a mode

of public communication utilized by Plaintiff for the

furthermore of his craft and has created significant injury to

the Plaintiff’s business interests and/or career.

WHEREFORE, the Plaintiff demands Judgement against

Defendants for:

Compensatory damages;

Punitive damages;

Attorney’s fees and costs of suit;


All such relief the Court shall deem Just and

Equitable.

FOURTH COUNT

1. Plaintiff repeats and realleges the statements of Counts

I, II, and III.

2. Defendants, or any of them, by their actions and deeds,

namely accessing the private Twitter account of the Plaintiff

and disseminating false and libelous statements, did so in a

careless, reckless and/or negligent manner so as to cause the

Plaintiff to suffer severe and permanent injuries; was disabled

and disfigured; has suffered and will continue to suffer great

pain and torment, both mental and physical.

3. As a further result of the Defendants, or any of them,

carelessness, recklessness and/or negligence, and the injuries

thereby caused to the Plaintiff, this Plaintiff has been and

will be in the future compelled to spend great and divers sums

of money for aid, computer repair, and treatment and has been

and will be prevented from attending to his usual occupation,

duties, activities, and business.

WHEREFORE Plaintiff demands judgement against the

Defendants, or any of them, for damages, interest and costs of

suit.

JURY DEMAND

Plaintiff demands a trial by jury of all issues so triable.


DESIGNATION OF TRIAL COUNSEL

Pursuant to R. 4:25-4, ALBERT H. WUNSCH, III, ESQ., is

designated as trial counsel.

CERTIFICATION

I hereby certify that this matter is not the subject of any

other action pending in any court or arbitration proceeding,

that no such other action or arbitration proceeding is

contemplated by this plaintiff, and that there are no other

parties, whom, to the knowledge of plaintiff's counsel, should

be joined in this action.

I hereby certify that the foregoing statements made by me

are true. I am aware that if any of the foregoing statements

made by me are willfully false, I am subject to punishment.

ALBERT H. WUNSCH, III, ESQ.

DATED: October 7, 2009