2:23-cv-01620
W.D. Wash.Dec 21, 2023Background
- Jane Doe filed for a temporary restraining order (TRO) against Blake Riad-James Maso, alleging various harms including distribution of intimate material, threats, and interference with custody of her daughter.
- The parties have a contentious history involving prior investigations for aggravated sexual assault, attempts by Maso to place Doe's daughter into foster care, and alleged threats to Doe and her family.
- In 2021, Doe obtained a short-lived TRO against Maso in California preventing the dissemination of explicit material and securing temporary custody; this order expired after about three weeks.
- Doe claims Maso has continued to disseminate a sexually explicit video of her (recorded when she was a minor) online, including on adult websites as recently as 2023.
- Doe also alleges Maso collaborated with her former attorney to create and host a defamatory website shaming her.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| TRO to prevent absconding with daughter | Maso poses risk of abducting/interfering with custody of Doe's child | No direct argument cited | Denied; no showing of imminent irreparable harm or clear right to custody |
| TRO to bar distribution of explicit material | Maso is personally responsible for ongoing online dissemination of explicit video | No direct argument cited | Denied; insufficient evidence linking Maso to recent postings, harm not shown |
| TRO to prohibit hosting defamatory website | Maso collaborated in hosting defamatory website targeting Doe | No direct argument cited | Denied; lack of evidence tying Maso to ongoing hosting, and First Amendment concerns |
Key Cases Cited
- Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (2008) (establishes the four-factor test for injunctive relief)
- Stuhlbarg Int’l Sales Co. v. John D. Brush & Co., 240 F.3d 832 (9th Cir. 2001) (TRO and preliminary injunction standards are substantially identical)
- Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, Loc. No. 70, 415 U.S. 423 (1974) (ex parte TROs are to preserve status quo and prevent irreparable harm only as necessary)