Misfitting Lawsuit

On 4/2/06, Loretta Serrano lost the battle of the wills to close down the LH2 forum despite her team's valiant 54-post effort that lasted six hours. The clock was ticking, which meant the Blooker award was only hours away!

She retreated to her hidey-hole only to resurface a short time later flexing her muscle on misfitting.com:

Open comment to the Bashing Blog Kennel

Since you have banned my IP from the conversation again, rigging the board as usual, which is kind of ironic, considering all you have accused me of doing on my site (which is not a blog on blogspot, but a domain that I own and pay for), I have to comment in here.

I have done nothing to harm any of you and that's a fact. Posting your real names after you started your 4 hate blogs was not harmful to you, and you have no right to anonymity on the Web. That's a fact, too.

Continuously posting slander about my history is a crime, especially when you cannot substantiate any of it. It would be grounds for a lawsuit and that is always an option. Your comments and my request for you to cease your hate campaign that violates my civil rights and causes my family harm (that can be proven in a court of law) is only adding more ammunition to my case.

I suggest you consider the ramifications. Many of your identites and addresses are known to me and others, and those of you who are still there whose names and addresses I know will be named in this suit. You have the right to voice your opinions. You have the right to free speech when it does not impinge upon others' rights. You do not have the right to slander me for 6 months with false accusations.

Your opinion of my parenting abilities is moot. As are your opinions of my web log, writing abilities, looks, talent, striped top, hairstyle, teeth, eyes, nose, etc. You can bash those things all you like. That is your right. However, your defamation is illegal. It has become a hardship for me and has caused real damage that can be demonstrated in a lawsuit. Your accusations and constant attacks are not based on the truth. Your interpretation of events is not the truth. Therefore, your actions constitute libel and will be addressed.

The "punishment" that you all feel is your right to inflict on me, my daughters indirectly, and my friends and posters has long ago exceeded any alleged 'crimes' I committed by banning you or posting your real names (which is not against any laws, BTW), or my opinions of people in crime news stories and your mental faculties.

You people have long passed the line of decency. What you are doing is morally, ethically and legally wrong. Continue at your own risk.

Posted by: loretta at April 2, 2006 08:26 PM

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Here are some of the names that I will be submitting to an attorney on the federal level along with the history of your slander and defamation. I have already been offered free services to consult with someone, and there are also people willing to donate to the legal fund if necessary.

Lxxx Nxxxxxx - "Anita Richman"
Kxxxxxxx Mxxxxxx - "katiecoolady"
Sxxxx Hxxx - "Samantha"
Dxxxxx Sxxxxxx - "Peace"
Mxxxxxx Sxxxx - "Moe"
Sxxxxx Fxxxxxx - "Patsy, TMM, et al"
Sxxxx Dxxx - "Laurel Ann/Claire"
Vxxxxxx Jxxx Pxxxxxx - "Just Amazed, Mistyblue, Interested, Opinionated, etc."
Dxxxx LeRxxxxxxx Pxxx - "Neptune's Mom, DLL, No Soup for You, Good Karma, et al."
Axxxxx Sxxxxxxx - "Scribbleblather"
Sxxxxx Hxxxxx - "keptkitty"
Sxxxx Bxxxxxx - "Edina Monsoon, Ma Spider, et al."
Jxxxx Lxx Wxxxxxxx - "Closet...et al."
Cxxxx DiSxxxxx - various nics
Mrs. Jxxxxx Kxxx (from Columbus, GA) maybe the mysterious "Waterfall."
Cxxxxxxx V - "Mrs. V, Tundra, et al." whose full name and address I have and will, if necessary, include it. For now, I'll spare you the embarassment.

I don't know who is posting as "Mimi," but I know it is someone who has no real connection to me or anyone in my real life, so she and the rest of the anonymice will just have to let the identified ones take the blame.

Posted by: loretta at April 2, 2006 08:45 PM

(Real names edited by Papillon)

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The State of Ohio, City of Mentor -vs- Loretta D. Smith

2/16/99 - Disposition: Loretta (Smith) Serrano pled no contest, found GUILTY of assault, fined $300.00. The indigent’s 30-day jail sentence suspended.

3/1/99 - Payment receipt in the amount of $363.00 OL Returned by mail per the defendant.

http://thetruthtree.blogspot.com/ ~~ 7/18/06 Entry

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"Anonymity is critical to public discourse and fundamental to a free society, allowing speakers to offer diverse views without fear of undue reprisal," said EFF Staff Attorney Corynne McSherry. "There is now clear judicial consensus that subpoenas to identify anonymous speakers must be carefully scrutinized."

"Litigants must not be permitted to abuse the judicial process to identity anonymous individuals who have simply created a forum for critical comments or made statements a plaintiff dislikes," said EFF Staff Attorney Matt Zimmerman. "Speech critical of public officials -- made anonymously or not -- enjoys an extremely high level of legal protection."

http://www.eff.org/news/archives/2006_06.php

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Note: The 2006 Blooker Award went to Julie & Julia, a cookbook by Julie Powell