Lawsuit filed in Towns
By BECKY LANDRESS Sentinel Writer

In the Superior Court of Towns County, entered on August 28, 2007 a lawsuit was filed by Scotty Fain, Plaintiff, against 16 "un-named" defendants presently and or previously posting on Topix. Topix is a California based internet site that has hometown forums, where people of said community can post on threads about a general topic in their county. The threads, after being researched, are both opinion and fact based. The site became increasingly popular around July 2007, during the drive by shooting case of Chief Deputy Eddie Osborn and the subsequent arrests of Osborn and Sheriff Rudy Eller.

In the lawsuit, Fain, represented by Hiawassee attorney Russell M. Stookey, alleges libel against 16 Topix posters. Named as defendants in the case are: Rooster, Re- Rooster, Slow Hand, Good Old Boy, Old Timer, Interesting, Pathenia and John Doe 1 thru John Doe 10. Fain alleges that the above named posters "defamed his character" in the un-factual postings they put on the Topix threads. Libel, as defined in the suit, is; "A false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person and exposing him to public hatred, contempt, or ridicule."

The named defendants are real people using web names to conceal their true identity. The defendants, "John Doe, 1 through 10," are presently unknown. They will be properly added by amendment as soon as their identity and correct addresses are known through discovery. Fain is seeking a trial by jury, recovery of an amount in excess of $10,000 against each defendant, recovery of a punitive amount against each defendant set by the jury, recovery of all fees and all other relief as the court deems necessary.

Topix has many threads at present that range from talk of Sheriff candidates, football, schools in the county to the law suit itself. Posters are aware of the suit, with some assuming copies at the Clerk of Court. The concern of present posters is the first amendment to free speech and the accuracy of assuming a correct user with the IP address that is found.

The lawsuit states an example of 6 postings that Fain and his attorney see fit as libel. According to the suit, the libel and defamation came from postings that were "statements posted about the Plaintiff claiming he committed criminal acts, was tied to conspiracies for money laundering, land for sale fraud, selling and transporting illegal narcotics and that he was, in fact, now arrested and jailed in Florida for such activities. These publications are completely false, malicious and published with malice for the express intent to harm, injure and destroy the reputation of the Plaintiff." The suit states that Fain's sole contact to the subject matter of Osborn and/or Eller was being a friend of each defendant party and posting a bond so they might be released from jail to prepare their respective defense.

The suit does not state how the Plaintiff will retrieve the actual names of the defendants. Posting on threads of Topix is still going on and viewed by hundreds of local residents daily.