Story Created:
Sep 5, 2006 at 8:38 PM CDT
Story Updated:
Sep 5, 2006 at 8:38 PM CDT
WICHITA, Kansas -- A Wichita couple is suing Cox Communications after a mistaken internet address was given to child porn investigators causing them to become suspects in the case.
Brian and Sarah Doom are suing the internet provider for breach of contract, invasion of privacy, outrageous conduct and defamation of character.
During an investigation last summer, Wichita Police asked Cox Communications for a home address connected with a certain internet address. A lawyer says it appears a Cox employee typed the wrong address, leading officers to the wrong house.
"They were trying to have a backyard barbeque for their niece. Instead, their house was swarmed by Wichita law enforcement officers who were conducting a child porn investigation. Their complaint is that all that happened because Cox Communications gave law enforcement the wrong address," said Dan Monnat, attorney.
Court documents claim, as a result of Cox’s wrongful conduct in providing the information to the police, the Doom’s suffered extensive damage to their reputation as well as pain, suffering and great mental anguish.
The documents go on to say that a contract between Cox and Brian Doom stated they would not disclose to others any personally identifiable information without his written or electronic consent.
But the privacy policy on Cox’s website states that Cox will provide information if presented with a subpoena, adding that many criminal subpoenas require that Cox not disclose or notify you of the request.
"Those corporations need to exercise the care that you or I would give to our right to privacy before they hand it out to third parties," said Monnat. "They need to be careful with it so a terrible occurrence like what happened here does not result."
A Cox spokesperson said they did make a mistake and apologized but due to the pending lawsuit she couldn’t make any other comments.
The Wichita Police Department is not included in the lawsuit.