Denison v. Larkin

64 F. Supp. 3d 1127, 2014 WL 3953637, 2014 U.S. Dist. LEXIS 111902
CourtDistrict Court, N.D. Illinois
DecidedAugust 13, 2014
DocketNo. 1:14-cv-01470
StatusPublished
Cited by3 cases

This text of 64 F. Supp. 3d 1127 (Denison v. Larkin) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Denison v. Larkin, 64 F. Supp. 3d 1127, 2014 WL 3953637, 2014 U.S. Dist. LEXIS 111902 (N.D. Ill. 2014).

Opinion

MEMORANDUM OPINION AND ORDER

AMY J. ST. EVE, District Court Judge:

Plaintiff JoAnne M. Denison (“Plaintiff’) brings this action against Defendants

[1129]*1129Jerome Larkin, Sharon Opryszek, Melissa Smart, Leah Black, and Nextpoint (collectively, “Defendants”) alleging copyright infringement, vicarious copyright infringement and contributory copyright infringement in violation of 17 U.S.C. § 101 et seq. Defendants move to dismiss Plaintiffs Complaint in its entirety. Jerome Larkin, Sharon Opryszek, Melissa Smart, and Leah Black (collectively, the “IARDC Defendants”) move to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6)1. Nextpoint also moves to dismiss for failure to state a claim pursuant to Rule 12(b)(6). For the following reasons, the Court grants Defendants’ motions to dismiss.

BACKGROUND2

This case arises out of an Illinois Attorney Registration and Disciplinary Commission (“IARDC”) disciplinary proceeding. Plaintiff, a licensed attorney in the state of Illinois, is suing the IARDC and Nextpoint for using portions of her copyrighted Blog (“Blog”) as evidence against her in an attorney disciplinary proceeding. The IARDC has alleged that Plaintiff made false statements about judges and other lawyers on her Blog, which addresses the guardianship proceeding of Mary Sykes. (R. 1-4, PI. Exhibit C ¶ 6.)3

I. Mary Sykes

Mary Sykes was a 90-year-old woman who was put into guardianship in December of 2009. (R. 1, Compl. ¶ 6.) Plaintiff investigated Ms. Sykes’ case and allegedly found “a large number of irregularities” in the case. (Id.) Plaintiff believes that Ms. Sykes was a victim of courtroom corruption. (Id.)

In late 2011, Plaintiff created the Blog to, in her words, “provide a forum for the friends and relatives of Mary Sykes, a probate victim, to speak out against corruption in the courtroom.” (R.l, Compl. ¶ 6.) Plaintiff applied for and received a copyright registration for the Blog on January 26, 2013. (R 1-4, PI. Exhibit A.) Plaintiff posted her own writings as well as the writings of others on the Blog. The writings included allegations of corruption in the Probate Court of Cook County, that Sykes was the victim of elder abuse, and that the guardians ad litem and the court had physically or mentally harmed Sykes. (R. 1-4, PI. Exhibit C ¶ 6.) This guardianship proceeding has generated several state and federal proceedings involving Plaintiff and her associate, Kenneth Dit-kowsky.4

[1130]*1130II. IARDC Action Against Plaintiff

The Illinois Supreme Court has the power to discipline attorneys who have been admitted to practice in the state of Illinois. In re Thomas, 356 Ill.Dec. 769, 791, 962 N.E.2d 454 (2012) (citing In re Mitan, 75 Ill.2d 118, 123, 25 Ill.Dec. 622, 387 N.E.2d 278 (1979), cert. denied, 444 U.S. 916, 100 S.Ct. 231, 62 L.Ed.2d 171 (1979)). The Illinois Supreme Court enacted rules governing the discipline of attorneys and created the IARDC to enforce those rules. III. S.Ct. Rules 751-80. The IARDC’s responsibilities include conducting disciplinary proceedings affecting members of the Illinois bar. Ill. S.Ct. R. 751(a). Investigations conducted by the IARDC remain private and confidential. Ill. S.Ct. R. 766(a)(1).

The Administrator in this case, Defendant Jerome Larkin, concluded that sufficient evidence existed to establish misconduct by Plaintiff and brought the matter to the Inquiry Board, which determines whether to file a complaint with the Hearing Board, pursuant to Ill. S.Ct. R. 753(a)(2). If the Inquiry Board decides to file a complaint based on the misconduct, the Administrator files the complaint with the Hearing Board. Ill. S.Ct. R. 753(b). Defendants Melissa Smart, Sharon Opryszek and Lea Black are IARDC attorneys who represent Mr. Larkin before the Hearing Board. The Hearing Board can recommend discipline, dismissal of the complaint or petition, or nondisciplinary disposition. Ill. S.Ct. R. 753(c)(3). Disciplinary actions include disbarment, suspension, censure, and reprimand. Ill. S.Ct. R. 770.

Upon the filing of the recommendation of the Hearing Board, either party may appeal to the Review Board. Ill. S.Ct. R. 753(d). The Review Board presides over an appellate review of the Hearing Board’s determination. Ill. S.Ct. R. 753(d)(1). The Review Board may approve, reject or modify the recommendation of the Hearing Board. Ill. S.Ct. R. 753(d)(3). Additionally, the Review Board may make additional findings or may remand for further action. Id. Either party may appeal the report and recommendation of the Review Board to the Illinois Supreme Court. Ill. S.Ct. R. 753(e).

Defendant Black filed a disciplinary complaint on behalf of Defendant Larkin against Plaintiff alleging professional misconduct in making false statements on her Blog. (R 1-4, PI. Exhibit C ,¶ 10.) The IARDC complaint alleged that Plaintiff wrote in her Blog that the judges,.guardians ad litem, and other attorneys involved in the guardianship proceedings engaged in improprieties including theft and embezzlement from the estate of the Ms. Sykes. CId. ¶¶ 4-8.) The IARDC alleged that these claims were false and brought an action against Plaintiff for:

a) making a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or in- ■ tegrity of a judge, adjudicatory officer or public legal officer, in violation of Rule 8.2 of the Illinois Rules of Professional Conduct;
b) conduct involving dishonesty, fraud, deceit, or misrepresentation, in vio[1131]*1131lation of Rule 8.4(c) of the Illinois Rules of Professional Conduct;
c) conduct that is prejudicial to the administration of justice, in violation of Rule 8.4(d) of the Illinois Rules of Professional Conduct;
d) presenting, participating in presenting, or threatening to present criminal charges to obtain an advantage in a civil matter, in violation of Rule 8.4(g) of the Illinois Rules of Professional Conduct; and
e) conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute.

(Id. ¶ 12.)

III. Copyright Action Against IARDC and Nextpoint

Plaintiff brought this suit alleging that the IARDC infringed on her copyright by using “15 paragraphs of text from the Mary Sykes Blog” in its disciplinary complaint which the IARDC posted on its website. (R.l, Compl. at ¶ 10.) In addition, the ARDC copied “hundreds of pages 'from her blog” and maintained them in her case file. (Id. ¶ 13.) Plaintiff alleges the IARDC copied over 1,000 pages of the Blog and “then incorporated [it] into even further exhibits.” (Id. ¶¶ 21, 23.) Plaintiff claims the amount copied was “far in excess of what the IARDC needed for its investigation and trial.” (Id.

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Cite This Page — Counsel Stack

Bluebook (online)
64 F. Supp. 3d 1127, 2014 WL 3953637, 2014 U.S. Dist. LEXIS 111902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denison-v-larkin-ilnd-2014.