Last year during the George Zimmerman trial, Spike Lee tweeted to his 240,000 followers an address that he thought belonged to Zimmerman, who was accused of killing the unarmed teenager Martin. But the address happened to belong to another family, with no ties to Zimmerman. Elaine and David McClain then filed a lawsuit, but settled out of court for $10,000. But now they’re back with another lawsuit.
Spike Lee’s attorney recently released more information on his client’s motion to dismiss the new lawsuit.
In his motion to dismiss, Lee says that the couple was paid $10,000 to release claims against him. Lee also said he removed his retweet and issued a public apology. Even at the time the case was supposedly settled, the couple’s lawyer told the press they were moved by Lee’s apology.
Obviously the couple wasn’t moved enough, since they then found a new attorney that suggests Lee should be held liable for his followers retweeting their address.
“Here, at the time that Plaintiffs entered into the Settlement Agreement, it was well-known that it was possible for information posted on Twitter (by Mr. Lee or anyone else) to be retweeted in the future,” says Lee’s motion to dismiss. “Indeed, the Complaint alleges that it is easy to retweet information by simply clicking a button on Twitter. For these reasons, to the extent that any of the unnamed individuals who posted the McLains’ address on Twitter in 2013 somehow obtained that information from Mr. Lee’s 2012 retweet, such a consequence was eminently foreseeable when the Settlement Agreement was signed.”
Lee wants to hold the McClains to their original settlement, but the couple wants $15,000 more.