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What can I do if someone posts my facebook photo on their profile and makes fun of me?

Denver, CO |

My soon to be ex wife's uncle took my photo of me from my facebook page and called me names and made fun my security uniform and posted it on his wall. There was 50+ people who accumulated with this and made fun of me. He posted "Douchebag of the week-This f***tard is my niece's soon to be exhusband. He's a security guard who wears more tacicool BS than I have when i'm deployed." he tagged my soon to be ex wife and my girlfriend found it on both my ex and her uncles profile. What can I do? Is there criminal charges? Can I sue and what for?

Attorney Answers 3


You have the competing interest of the right to free speech versus slander and defamation of character going on here. I would definitely report it to Facebook, because it violates their policies and procedures and they may even take away his account. He will undoubtedly just create a new one. You could ask a judge to issue a cease and desist order and an injunction and require him to take it down. However, as far as suing, what are your economic (financial) damages? Definitely, you have embarrassment and hurt feelings. However, litigation is extremely long and expensive and not very satisfying even if you win. To quote this guy how much of your time, energy, and emotion do you want to waste on a f***tard like that. He sounds like a major league loser to make fun of someone in that manner and his 50 plus "friends" are probably pretty pathetic as well. I suggest that you do not waste your time on him and concentrate on positive things like moving on with your life and being happy that you are not part of such a screwed-up bunch of in-laws anymore.

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unfortunately, I cannot report it because I can not see his fb page. Also if there is criminal charges I will go after this guy. I am sick of this old family. The wife of this uncle used the State patrol system for personal information and now he does this. I already have a lawyer for my divorce case and would be happy to proceed to this civil case against him. I need to go after him for this



Bullying or SOMETHING I don't care. He is in the military? can I do anything there through military law?


There are plenty of civil actions you can pursue. The most obvious is defamation, but there are plenty of others that may be applicable depending on the specific facts of your case. I would expect your damages, as measured by the harm to your reputation, mental distress, etc., will be somewhat low. However, you may be able to receive punitive damages as well, which could make the case appealing to an attorney as a contingent fee matter. Given all of that, however, you may want to consider my colleagues advice, and let it go.

Good luck with this matter!

This answer is not a substitute for professional legal advice. This answer does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. Seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.

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I don;t see a criminal charge and I don;t see a civil claim resulting in any payment to you. What I do see, however, is an opportunity. In a comment to Mr. Leroi, you mentioned that the man who posted that note is in the United States military. Contact his base and keep searching until you find someone in his chain of command. Report the conduct to that individual and my guess is things will happen that you may never learn of -- and the conduct will stop.

Best of luck. Don't stoop to that guy's level.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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