The Dooms had never been in trouble with the
law. On Aug. 12, 2004, they found themselves being accused of activity that
disgusted them.
But the police had the wrong house, based on
mistaken information from the Dooms' Internet service provider, Cox
Communications.
Now, Brian and Sarah Doom are suing Cox for
invasion of privacy, breach of contract, defamation of character and
"outrageous conduct."
The lawsuit emphasizes the tension emerging
in recent years between the privacy of Internet customers and the ability of
police to chase crimes down the electronic information highway.
"Cox did make a mistake, and we are sorry for
that action," said Sarah Kauffman, Cox spokeswoman. "But due to the pending
lawsuit, we are prevented from commenting further."
The suit was filed both in Kansas and in
Georgia, where Cox maintains its headquarters.
The Dooms say Cox should have been able to
protect their privacy from an unwarranted raid by police. They are asking
for unspecified damages, including lawyer fees stemming from their dealings
with police and emotional distress.
"These are good people who were accused of
crimes that sickened them," their lawyer, Craig Shultz, said. "Their
neighbors saw the police show up and take them away. It destroyed their
week."
The Dooms, according to the lawsuit, were
aggressively interrogated about the child porn accusations for hours. They
kept telling police they were innocent. Police confiscated the couple's
computer.
"It scared them," Shultz said. "They didn't
know what was happening."
The Dooms paid lawyer
Dan Monnat to represent them.
Near the end of the week, police told the
Dooms of the mistaken information received from Cox.
"Cox apparently had gotten a subpoena, which
we haven't seen," Shultz said.
The court order, Shultz said, asked for a
home address connected to an Internet address police suspected of receiving
child porn. Shultz said that someone at Cox typed in an Internet address
different from the one provided by police.
"And the Dooms' home address came up," Shultz
said.
Included in the lawsuit is the claim of
"outrageous conduct." It's a rarely used legal claim that contends a party
suffered damages so severe that it would be "regarded as atrocious and
utterly intolerable in a civilized society."
Shultz said that the Dooms aren't blaming
Wichita police.
"From all indications," Shultz said, "the
police did everything correctly."