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Description:
Beginning in September 2006, Oliver Ewing allegedly posted several derogatory
comments about Milton Purcell using the alias “prosecute” on various forums, including PennLive.com, which focuses on civic and news information about the central Pennsylvania region, where Purcell lives.
According to filings in the case, the postings included a picture of Purcell and referred to him as a "pervert" and suggested that he had a "full time criminal defense attorney on his payroll," insinuating that Purcell was a criminal.
On September 4, 2007, Purcell sued Ewing for defamation in the Court of Common Pleas of Pennsylvania, Dauphin County. Shortly thereafter, Ewing successfully removed the case to federal court whereupon he filed a motion to dismiss, arguing that the postings were opinion and thus non-defamatory as a matter of law.
On May 22, 2008, the district court granted Ewing's motion to dismiss.