by Corinne Murdock | Sep 26, 2023 | Education, News
By Corinne Murdock |
A Scottsdale mother was victorious in a lawsuit filed against her by the father of the former Scottsdale Unified School District (SUSD) Governing Board president.
Judge Joan Sinclair issued an anti-SLAPP ruling — Strategic Lawsuit Against Public Participation — in the case Greenburg v. Wray earlier this week.
The plaintiff, Mark Greenburg, and his son, SUSD’s former and ousted board president, Jann-Michael Greenburg, were involved in a secret dossier on perceived political opponents consisting of parents and community members, including Wray.
“[T]his lawsuit was substantially motivated by a desire to deter, retaliate against or prevent [Wray’s] lawful exercise of her constitutional rights,” stated Sinclair.
Greenburg alleged that Wray committed defamation, false light, intrusion upon seclusion, and public disclosure of private facts.
Greenburg alleged that Wray’s claims that he “intimidated,” “challenged,” and “harassed” her were defamatory, as well as claims including how a source told Wray that Greenburg threatened another individual with a weapon, stalked her, created the dossier to harass and intimidate her, and cyber stalked her. Sinclair determined that none of Wray’s speech qualified as defamatory. Sinclair also noted that accepting any of Greenburg’s defamation claims would chill free speech.
“All of these comments are opinion or hyperbole made in the context of a heated political debate,” said Sinclair. “A reasonable listener would interpret the aforementioned comments to be [Wray’s] perception that she is a victim of political attack, not that she is actually stating that [Greenburg] committed criminal offenses.”
Sinclair also ruled against Greenburg’s claim of false light, invasion of privacy, and intrusion upon seclusion, writing that Greenburg qualified as a limited public figure by participating in a public and “heated” political environment on the reopening of public schools.
Finally, as to Greenburg’s claim of the public disclosure of private facts, Sinclair observed that Greenburg’s dossier only contained information about Wray and his other political adversaries and not himself. Sinclair also noted that it was Greenburg’s son, Jann-Michael, that inadvertently disclosed the Google Drive link to Wray and others. Accordingly, Sinclair ruled that Greenburg’s claim wasn’t viable.
At the opening of her ruling, Sinclair quoted from evidence detailing Greenburg’s advice to his son about running for the Maricopa County Community College District Board. Greenburg said that they needed to launch a litigious campaign against Wray to stop her.
“Amanda Wray is just fixated on you and if you think for one minute that when you run for MCCC that she is going to leave you alone, I think you are wrong,” said Greenburg. “It is a mistake not to surgically punish her with litigation.”
READ THE RULING HERE
Sinclair awarded attorney’s fees to Wray.
Wray filed the anti-SLAPP motion last April after Greenburg sued her for publicizing his dossier to social media and various media outlets. Scottsdale Police dropped their investigation in December after determining it fell outside their jurisdiction since the dossier consisted of open source and public documents; they referred the case to former Attorney General Mark Brnovich, the Maricopa County Attorney’s Office, and the FBI. No updates have been issued on the case from the agencies since then.
Wray’s lawyer and top GOP official, Harmeet Dhillon, noted that this ruling was the first in Arizona law after an evidentiary hearing.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Jun 21, 2022 | Education, News
By Corinne Murdock |
On Thursday, a district court judge denied a mother’s motion to dismiss in a lawsuit filed against her by the creator of a dossier on parents who opposed his son’s tenure as school board president. The mother leaked the dossier, located on a Google Drive, to local reporters after noticing the URL in pictures sent to her by the school board president.
Mark Greenburg — father of the former board president of Scottsdale Unified School District (SUSD) who had access to the dossier, Jann-Michael Greenburg — sued SUSD parents Amanda and Daniel Wray for allegedly violating the Computer Fraud and Abuse Act (CFAA), a federal law on unauthorized computer access. The Wrays countered by filing an anti-SLAPP motion to dismiss, which claims that a lawsuit is filed strategically to prevent public participation. Judge Douglas Rayes, an appointee of former President Barack Obama, denied the Wrays’ motion to dismiss.
Rayes said his decision was a “close call.” He acknowledged that the elder Greenburg lacked a password protection on the Google Drive, therefore making it accessible to anyone with its link. However, Rayes agreed with the elder Greenburg’s argument that this lack of security didn’t render the Google Drive dossier open to the public, and that Wray’s inadvertent discovery of the URL didn’t give her authorization to access the dossier.
The Rayes declared that the elder Greenburg “sufficiently plead the elements of a violation” of the CFAA. He established a scheduling conference on July 7 at 11 am, with a deadline for a revised proposed discovery plan on June 30.
Wray deferred to her counsel for comment.
In a statement to AZ Free News, Harmeet Dhillon — the managing partner of Dhillon Law Group representing Wray — clarified that the judge’s decision only reflected Greenburg’s allegations and didn’t constitute Rayes’ final decision on the case.
“A motion to dismiss is typically made at the outset of most cases in federal court, and it is a test not of the facts of the case, but rather of the plaintiff’s allegations,” said Dhillon. “While we respectfully disagree with the court’s ruling and believe the law requires dismissal at this stage, we look forward to the discovery phase of the lawsuit and to establishing the actual facts in this case.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Apr 6, 2022 | Education, News
By Corinne Murdock |
Nearly five months ago, a group of mothers publicized a Google Drive dossier on them and other parents perceived as political enemies, compiled by the father of their Scottsdale Unified School District (SUSD) board president, Jann-Michael Greenburg. The trove of political opposition research leaked by SUSD mother Amanda Wray quickly made international news, and became known as the “Greenburg Files,” or “Greenburg Dossier.” Jann-Michael’s father, Mark Greenburg, didn’t shy away from the uproar that ensued.
In January, Greenburg filed an initial complaint in the Maricopa County Superior Court against the Wrays for defamation, as well as violations of the Computer Fraud and Abuse Act (CFAA). Several weeks later, Greenburg amended his complaint to only sue for CFAA violations, striking all claims of defamation. Reporting on his lawsuit was featured in one place: the Arizona Republic, behind a subscriber-only paywall. In response, the Wrays issued a motion to dismiss, claiming that Greenburg had ulterior motives aligned with SLAPP behavior: “strategic lawsuits against public participation” to silence free speech.
A status conference is scheduled for Wednesday at 9:30 am. A scheduling conference is also scheduled for May 19 at 3 pm. The requested relief totals nearly $10,000.
Greenburg is represented by attorney Christopher Rapp of Ryan Rapp Underwood & Pacheco. Amanda and Daniel Wray are represented by John Wilenchik of Wilenchik & Bartness and acclaimed GOP chairwoman and attorney Harmeet Dhillon with her law group. Judge Joan Sinclair is listed as hearing the case.
Greenburg’s lawsuit characterized Amanda Wray as a “political operative,” pointing to the private Facebook group she organized, “SUSD-CAN,” short for “Scottsdale Unified School District Community Action Network,” a parent and community advocacy group concerning SUSD issues like masking, vaccinations, LGBTQ+, and critical race theory (CRT). He alleged that Wray stole his private information and documents by accessing the dossier, and that she doxxed him by publishing and discussing his home address, license plate, and Paycheck Protection Program loan information on the Facebook group page.
The lawsuit explained that Greenburg shared access to his server, or Google account on which the dossier was located, with three other individuals, one of whom he identified as his son, Jann-Michael. Greenburg insisted that the Google Drive dossier was otherwise password protected. He claimed that inadvertent public access to the dossier was granted through a setting unknown to him at the time enabling third parties to access the server without a password: the use of the Google Drive’s URL. Jann-Michael inadvertently shared that URL with SUSD parents in an emailed response to defamation accusations by including 13 screenshots of public Facebook comments stored within the dossier, one of which included the URL.
“The situation was the equivalent of Plaintiff’s son accidentally disclosing his username and password,” read the complaint.
Wray was accused of intentionally breaching the Google Drive dossier by using a third party to create a hyperlink with the inadvertently-shared URL. Greenburg also accused Wray of copying, deleting, adding, reorganizing, and renaming files on his server. He estimated that she caused him a loss amounting to at least $5,000.
The Wrays’ motion to dismiss insisted that Greenburg failed to state a claim in which relief can be granted. They rejected claims that the Google Drive in question was made private, noting that Jann-Michael shared a publicly accessible URL that only needed to be typed into a web address bar to be accessed. They added that Daniel couldn’t be roped into the lawsuit because claims of “ratify[ing]” Amanda’s access to the dossier weren’t proof of liability.
“Amanda cannot be liable for criminal ‘computer hacking’ just for clicking a hyperlink created by a third party (who is not a party to this action) to the URL for Greenburg’s Google Drive that Greenburg’s son published for anyone to see and use,” read the motion to dismiss.
In a follow-up reply to Greenburg’s response to their motion to dismiss, the Wrays’ attorneys again questioned his motives for suing after challenging the truthfulness of his claims. They characterized his lawsuit as a continuation of the dossier.
“This lawsuit is the latest, and hopefully last, chapter in Greenburg’s unlawful harassment and intimidation campaign against Ms. Wray and SUSD parents in retaliation for their advocacy regarding the SUSD school board,” wrote the Wrays’ attorneys. “[T]his lawsuit was brought to deter or prevent Ms. Wray from exercising her constitutional rights and right to petition [and] intended to harass and/or cause unnecessary delay or needless increase in the cost of litigation[.]”
In mid-February, a third-party forensic investigation carried out by Loehrs Forensics determined that neither the SUSD email server or four personal computers issued by SUSD were used to create, access, modify, or share the Google Drive folder containing the dossier.
Law enforcement cleared the Greenburgs of any wrongdoing. Scottsdale Police Department (SPD) determined in December the dossier didn’t violate any laws because it contained open source and public documents only. Attorney General Mark Brnovich asked the Department of Justice (DOJ) to investigate nonetheless, positing that Jann-Michael may have conspired to wield his power over parents. AZ Free News inquired with Brnovich’s office if any DOJ investigation ever took place. They didn’t respond by press time.
As AZ Free News reported, Jann-Michael admitted to having a history of sharing computers with his family members. He was also listed as one of the individuals who had editing access to the dossier.
The SUSD board voted to demote Jann-Michael from president to regular board member last November.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
