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PENNSYLVANIA RECORD

Thursday, May 9, 2024

Man says he recently found 2004 mugshot on database list of currently incarcerated individuals

State Court

PITTSBURGH – A Bridgeville man has filed legal action against the proprietors of a bail company website and Google, claiming that his mugshot from an arrest made 17 years ago was recently listed on the website’s database of currently imprisoned individuals.

Mitchell P. Gedid of Bridgeville filed suit in the Allegheny County Court of Common Pleas on Jan. 27 versus Travis Paul Grant, Marielle Lizette Grant and Kyle David Grant of Longwood, Fla., Google, LLC of Mountain View, Calif. and John Doe Corporation.

According to the lawsuit, a website operated by the non-corporate defendants at www.bailbondshq.com has a separate page allowing visitors to search an inmate database for individuals incarcerated in the state of Pennsylvania.

“On Feb. 5, 2004, the plaintiff was arrested and charged with terroristic threats and harassment by the California Borough Police in Washington County, Pennsylvania. Following said arrest, the Washington County Jail photographed plaintiff. The County made the photograph, charging information and other personal identifiers available on a government website,” the suit states.

“All of the charges resulting in the aforesaid arrest were subsequently dismissed by a magistrate judge at the preliminary hearing stage. The Grant defendants, without plaintiff’s knowledge, permission, consent or authorization, published plaintiff’s criminal justice records from the arrest described above, including plaintiff’s mugshot on www.bailbondshq.com.”

The suit says the plaintiff learned of the posting through a Google search conducted on Nov. 26 and on subsequent occasions, which would also lead a website visitor to believe that individuals listed there are currently incarcerated.

“Despite plaintiff’s demand that the Grant defendants stop publishing plaintiff’s name, personally identifying information and photograph for pecuniary gain, the Grant defendants refuse to do so,” per the suit.

“The defendants knew or should have known that the use of plaintiff’s name and likeness for pecuniary gain on the webpages described herein was never authorized by plaintiff. This is evidenced by the fact that none of the named defendants possess the required written consent from plaintiff. Nonetheless, the defendants continue to profit, directly and indirectly, from the unauthorized use of plaintiff’s name and likeness.”

For counts of unauthorized use of name or likeness, invasion of privacy by appropriation of name or likeness and invasion of privacy by false light, the plaintiff is seeking preliminary and/or permanent injunctive relief enjoining the defendants from using plaintiff’s name and likeness for pecuniary gain, compensatory damages ranging from $50,000 and $74,999 and such other and further relief as the Honorable Court deems appropriate, plus a trial by jury.

The plaintiff is representing himself in this matter.

The defendants have not yet obtained legal counsel.

Allegheny County Court of Common Pleas case GD-21-000801

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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