A Will County lawsuit claims that a New Lenox Township trustee published a fake public Facebook post with the intent to defame a woman and subject her to harassment by others.
The lawsuit was filed Aug. 9 by Bolingbrook attorney Joe Giamanco, who is representing Ellen Moriarty in her civil suit against New Lenox Township Trustee Patricia “Patty” Deiters.
The lawsuit accuses Deiters of violating the Illinois Civil Liability for Doxing Act, a new law that went into effect at the beginning of the year.
On Aug. 4, 2023, Gov. JB Pritzker approved legislation to allow Illinoisans to sue others for doxing, which involves publishing “personally identifiable information” about other people with the intent to harass or harm them.
When contacted about the lawsuit Friday, Deiters said, “I don’t have any comment on the advice of my attorneys.”
Moriarty’s lawsuit claims that Deiters operates a Facebook page called Will County Republican Women.
The lawsuit alleged that Deiters, in her private capacity, publicly published a Facebook post on July 23 that claimed Moriarty is “Pennywise” from Will County Clown Car. The latter is a Facebook group that tracks and mocks “right-wing extremism, misinformation and propaganda” in the county.
Giamanco said Moriarty is not involved with Will County Clown Car and has nothing to do with the page.
Moriarty’s lawsuit alleged that the post contained a purported screenshot of a Facebook post attributed to Moriarty that was about the attempted assassination of former U.S. President Donald Trump on July 13 at a campaign rally in Pennsylvania.
The lawsuit alleged that the post falsely attributed to Moriarty said, “Too bad he missed!! A heroic effort, too bad he lost his life.”
However, the Facebook post was “never made by” Moriarty, according her lawsuit.
“On information and belief, the subject post was fraudulently created and attributed to [Moriarty] by [Deiters],” according to the lawsuit.
The post on the Will County Republican Women Facebook page still was visible Aug. 15, but it no longer was on the page as of Thursday.
Moriarty’s lawsuit alleged that the post led “various third parties” to believe it was true, share it with others and contact her employer with the intent to get her fired.
Moriarty’s employer opened an investigation into the “[purported] post and [Moriarty’s] alleged conduct,” according to the lawsuit.
Giamanco said Moriarty works for the Will County Clerk’s Office as an election judge during the election season.
Giamanco said it was his understanding that their office conducted an investigation and determined the Facebook post attributed to Moriarty was fraudulent. He said it also was his understanding that her employer had concerns for her safety.
Interim County Clerk Charles B. Pelkie Jr. did not respond to several calls and a message Friday.
Moriarty’s lawsuit alleged that Deiters violated the state’s Doxing Act by creating a public post with personally identifiable information about Moriarty without her consent, and with the intent to have other people use the post to harm or harass her.
The lawsuit alleged that Moriarty suffered from a lack of sleep and rest because of concern for her safety, her family and her employment. She’s had to “guard against potential violence” toward her and her family because of the post on the Will County Republican Women page.
Moriarty also had to contact the police to file a report regarding the incident, according to the lawsuit.
Will County Sheriff’s Office spokeswoman Kathy Hoffmeyer said the agency received a complaint regarding the allegations involving Moriarty.
“The circumstances were not criminal; therefore, there was no investigation,” Hoffmeyer said.
Moriarty is seeking damages in excess of $75,000 for the alleged doxing violation. She also is seeking damages in excess of $75,000 over claims that she was defamed by Deiters.