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.
The outcome we have been praying for! So proud and grateful for my incredible legal team that believed in me and fought for our community’s 1A rights to advocate for our children. Justice prevailed today! Thank you to everyone who has supported us along the way! @pnjaban… https://t.co/O4ho4KfK4B
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.”
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.
Grasshopper here is too modest by far. This case was filed by the father of a school board member to punish a mom for standing up for her parental rights. This is the first anti-SLAPP ruling under AZ law after an evidentiary hearing, and it’s a total victory for @AmandaWray! https://t.co/etdJuV9gHl
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.
No parent should ever be intimidated by a school board for exercising their constitutional rights.
Our office sent letters to Scottsdale Unified School District and DOJ today, regarding the alleged dossier. https://t.co/tUHBqLcl4z
Scottsdale Unified School District (SUSD) Governing Board will hold a special meeting on Monday to decide whether Board President Jann-Michael Greenburg must resign over his connection to a secret dossier on parents and other political opponents. Greenburg’s father, Mark Greenburg, was the owner of the Google Drive dossier, and Jann-Michael reportedly had access to it – as evidenced by the listing of his name among those granted access to the drive, and his sending a picture of the drive to one of the parents targeted within it.
As AZ Free News reported Thursday, there are other indicators that Jann-Michael may have had more involvement in the dossier than he’s let on, according to past admissions and discoveries of shared computer activity with his family and the nature of some of the dossier’s contents. On one of the bodycam videos on the dossier taken by Mark Greenburg, Mark is heard saying that he and another, unnamed individual hired a private investigator to spy on parents. Additionally, there were recordings on the dossier in which Jann-Michael and Mark could be heard conversing about Mark’s actions – and Jann-Michael doesn’t question why.
Board Member Dr. Libby Hart-Wells’ requested the special meeting to decide on the resignation of Greenburg. The request came around the same time that over 700 parents, elected officials, lawmakers, and community members signed onto a letter demanding Greenburg’s resignation. The letter is reproduced in its entirety below:
On November 9, 2021, The Scottsdale Independent published an article ‘The Greenburg Files: Is there a file on you?’ demonstrating the expansive and disturbing activities of Scottsdale Unified School District Governing Board President Jann-Michael Greenburg. The ‘Greenburg Files,’ discovered from an email sent directly from Mr. Greenburg’s SUSD email to a former SUSD parent, contains documents specifically surveilling at least 47 community members and numerous others peripherally. Our community is rightfully alarmed. This also comes on the heels of Mr. Greenburg saying, ‘Jesus f****** Christ, you people’ twice during parents’ public comments and disrespecting a requested moment of silence at the August 24, 2021 governing board meeting. As evidenced on the Greenburg Google Drive, during that meeting Mr. Greenburg’s father, Mark Greenburg, was photographing and videotaping children in the parking lot of Coronado High School as they waited to give those public comments stating ‘We’ have hired a private investigator to surveil the parents.
The ‘Greenburg Files’ contain many disturbing documents, audio files, and video recordings of several individuals, including photos of SUSD students. There is no legitimate purpose for any of these background checks, deeds, marital records, financial documents, professional certifications and more to be curated, stored, and shared in such a manner by Mr. Greenburg. The files also contain un-redacted SUSD emails shared with drive editors and viewers and screenshots that included open district email tabs – bringing even more concern that SUSD resources may have been shared or used outside of their intended or legally allowed purposes. Additionally, during the August 17, 2021 Special Governing Board Meeting, Mr. Greenburg admitted to working under the name ‘Mark Greenburg’ on his computer making clear he works under multiple names on his computer.
We are committed to returning excellence, integrity, and trust to our community and the negative and appalling words and actions from this official who was elated to serve this community. We are horrified that such unkind, divisive, and disrespectful behavior has been exhibited against members of our own community, including adults and children.
We believe that hate, harassment, bullying, stalking, and intimidation are not part of SUSD. We seek a restoration of SUSD’s values: Excellence, Integrity, Empathy, Trust, Inclusion, and Unity.
The SUSD Governing Board policies are clear regarding ethics of the board and are outlined by BCA Board Member Ethics. This policy includes: setting positive examples of good citizenship by scrupulously observing the letter and spirit of the laws, rules, and regulations; maintaining a deep sense of social responsibility as a trusted public servant; dedication to the highest ideals of honor, ethics, and integrity in all public and personal relationships; conducting oneself so as to maintain public confidence in the governance of the District and in the performance of the public trust; using the power and resources of public office only to advance public interest, and to not attain personal benefit or pursue any other private interest incompatible with the public good.
We are looking to you to uphold these standards of ethics in spite of Mr. Greenburg’s repeated failure to do so. His actions have made it unequivocally clear that he is unfit for public office. The manner in which you respond will reflect on SUSD and the City of Scottsdale. We stand together in requesting the immediate termination of Jann-Michael Greenburg as SUSD Governing Board President, and we further demand his resignation as an SUSD Governing Board Member.
Signed by other 700 parents, students, teachers, grandparents, alumni, and community members[.]
This latest discovery comes on the heels of a contentious year for Greenburg. In August, Greenburg enjoyed a maskless night at a bar after pushing for mask mandates in his schools. The board president chalked criticism of his decision to not mask up a “baseless attack.”
A few days before that incident, as the demand letter cited, Greenburg uttered an expletive into a hot mic directed at aggrieved parents.
“Jesus f**king Christ, people,” said Greenburg.
In May, Greenburg shut down a meeting over “belligerent parents,” in reference to those parents who’d shown up to discuss or protest masking and Critical Race Theory (CRT) in the district.
The special meeting to determine Greenburg’s continuance on the board is scheduled for Monday, November 15, at 6 p.m. at SUSD’s administration building.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
