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Taha v. Bucks County

United States District Court, E.D. Pennsylvania

March 26, 2014

DARYOUSH TAHA, Individually and on Behalf of All Others Similarly Situated
v.
BUCKS COUNTY, et al

Decided March 25, 2014

For DARYOUSH TAHA, Individually and on Behalf of All Others Similarly Situated, Plaintiff: ALAN E. DENENBERG, LEAD ATTORNEY, ABRAMSON & DENENBERG, PHILADELPHIA, PA; JONATHAN SHUB, LEAD ATTORNEY, SEEGER WEISS LLP, PHILADELPHIA, PA; SCOTT A. GEORGE, LEAD ATTORNEY, SEEGER WEISS, PHILADELPHIA, PA.

For BUCKS COUNTY PENNSYLVANIA, Defendant: FRANK A. CHERNAK, LEAD ATTORNEY, BALLARD SPAHR ANDREWS & INGERSOLL LLP, PHILADELPHIA, PA; ERIN K. CLARKE, BALLARD SPAHR LLP, PHILADELPHIA, PA.

For BUCKS COUNTY CORRECTIONAL FACILITY, Defendant: FRANK A. CHERNAK, LEAD ATTORNEY, BALLARD SPAHR ANDREWS & INGERSOLL LLP, PHILADELPHIA, PA.

For MUGSHOTONLINE.COM, BUSTED MUGSHOTS.COM, Defendants: JOSEPH F. CENTRICH, LANCE WINCHESTER, LEAD ATTORNEYS, PRO HAC VICE, CLAUSEN & CENTRICH, THE WOODLANDS, TX; JAY BARRY HARRIS, FINEMAN KREKSTEIN & HARRIS, PHILADELPHIA, PA.

For BENSALEM TOWNSHIP, Cross Claimant: KATHRYN A. DUX, GERMAN GALLAGHER & MURTAGH, PHILADELPHIA, PA.

For BUCKS COUNTY PENNSYLVANIA, TERRANCE P. MOORE, BUCKS COUNTY CORRECTIONAL FACILITY WARDEN, WILLIAM F. PLAINTIER, BUCKS COUNTY DEPARTMENT OF CORRECTIONS DIRECTOR, Cross Defendants: ERIN K. CLARKE, BALLARD SPAHR LLP, PHILADELPHIA, PA.

For FRANK NOONAN, PENNSYLVANIA STATE POLICE COMMISSIONER, Cross Defendant: BARRY N. KRAMER, PA OFFICE OF ATTY GENERAL, PHILADELPHIA, PA.

OPINION

Page 491

MEMORANDUM

L. FELIPE RESTREPO, UNITED STATES DISTRICT JUDGE.

Presently before the Court is the motion by Citizens Information Associates, LLC (" CIA" ) to dismiss Daryoush Taha's claims against it pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, the motion will be granted in part and denied in part.

I. Background

I have recently summarized the alleged facts giving rise to this suit, see Taha v. Bucks Cnty., 2014 WL 695205 (E.D. Pa. 2014), and will revisit them only briefly. Plaintiff Daryoush Taha was arrested by the Bensalem police in 1998, processed into custody, transferred to the Bucks County Correctional Facility (" BCCF" ), and charged with a criminal offense. Second Amended Complaint (" SAC" ), ECF Doc. 33, ¶ ¶ 20-22. Although Taha believed himself innocent, he accepted an Accelerated Rehabilitative Disposition to ensure that the arrest and charge would be expunged. Id. ¶ ¶ 23-24. In 2000, the Bucks County Court of Common Pleas entered an expungement order. Id. ¶ 26. In 2007, however, Bucks County and the BCCF created a public website that included Taha's 1998 mugshot and arrest information. Id. ¶ ¶ 30-31. CIA obtained and re-published the mugshot and arrest information, along with Taha's name and age, on the websites bustedmugshots.com and mugshotsonline.com. Id. ¶ ¶ 33, 39-41. According to Taha's allegations, CIA's commercial objective is " ...


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