Binion v. O’nea

2015 Case No. 14-13454 (E.D. Michigan, April 2, 2015)

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Nature of the Case

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Facts

Instagram is a social media website. Twitter is a social media website that allows users to post 'Tweets,' which are described as 'an expression of a moment or idea. Both sites allow users to share information with the public or only with people who subscribe to the user. On both websites, users can repost information. P resides in Macomb County, Michigan. P suffers from ectodermal dysplasia, which causes cosmetic abnormalities in the hair, nails, sweat glands, and teeth. D is a former professional basketball player residing in Florida and Massachusetts. P posted a number of photographs of himself on his public Instagram account. d obtained a photograph of P and posted it on his Instagram and Twitter accounts, side-by-side with a photograph of D mockingly contorting his face to look like P's. D has an estimated half-million Instagram followers and 8.46 million Twitter followers. P sued Ds, claiming that Ds' posted mocking and ridiculing photographs of him on social media websites. The Complaint is for Invasion of Privacy, Intentional Infliction of Emotional Distress, Defamation, and General Negligence. D moved to dismiss in that he was not subject to personal jurisdiction in Michigan.