Eichenwald v. Rivello

318 F.Supp.3d 766 (2018)

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Eichenwald v. Rivello

United States District Court for the District of Maryland
318 F.Supp.3d 766 (2018)

Facts

Kurt Eichenwald (plaintiff) was a journalist and author who lived in Texas. Eichenwald was epileptic, and he had publicly spoken and written about his epilepsy. During the 2016 presidential election, Eichenwald frequently criticized presidential candidate Donald Trump in his writings and on Twitter. Many Trump supporters responded to Eichenwald’s criticism with online threats and harassing messages. In October 2016, Eichenwald wrote a Newsweek article about the harassment he had received from Trump supporters and detailed one incident in which a Twitter user had sent Eichenwald a seizure-triggering video along with a message mentioning Eichenwald’s seizures. In December 2016, a Twitter user replied to one of Eichenwald’s tweets with a Graphics Interchange Format image (GIF) that had a rapidly flashing animated strobe light and the words “YOU DESERVE A SEIZURE FOR YOUR POSTS.” Eichenwald suffered a severe seizure when he viewed the GIF. Physiologically, when Eichenwald viewed the GIF, the photons from the light wave in the GIF hit Eichenwald’s retina and were converted into electrical signals that were transmitted by Eichenwald’s optic nerve to his visual cortex in a way that triggered a seizure due to his epilepsy. Police investigating the GIF incident learned that Maryland resident John Rivello (defendant) operated the Twitter account that had sent the GIF to Eichenwald. The police also learned that Rivello had discussed with others his intention to harm Eichenwald by causing him a seizure. Rivello was arrested and charged with aggravated assault with a deadly weapon. While the criminal case was pending, Eichenwald filed a civil action against Rivello in federal district court, alleging claims including battery. Rivello moved to dismiss the battery claim, arguing that physical contact was a necessary element of a battery under Texas law and Eichenwald had not alleged any physical contact.

Rule of Law

Issue

Holding and Reasoning (Bredar, C.J.)

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