Taiming Zhang v. Twitter Inc.
Published: Dec. 8, 2023 | Result Date: Aug. 23, 2023 | Filing Date: Mar. 2, 2023 |Case number: 3:23-cv-00980-JSC Bench Decision – Dismissal
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Defendant
Kenneth M. Trujillo-Jamison
(Willenken LLP)
Eileen M. Ahern
(Willenken LLP)
Caitlyn F. Lynch
(Willenken LLP)
Facts
In November 2021, Twitter Inc. suspended Taiming Zhang's Twitter account. Zhang then filed numerous appeals of his suspension with Twitter but received no response. On March 2, 2023, Zhang filed suit in USDC Northern seeking $11 million in damages.
Contentions
PLAINTIFF'S CONTENTIONS: According to plaintiff, his account was suspended for the sole reason that he was direct messaging others for them to expose the status of another Twitter user's medical condition.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions, contending that plaintiff's claims were barred by the Communications Decency Act and First Amendment. Moreover, plaintiff failed to state a claim for relief.
Result
The court agreed with defendant and granted the motion to dismiss with prejudice, reasoning in part that defendant was immune from suit under Section 230 of the Communications Decency Act, and that plaintiff's claims failed to state a claim on which relief could be granted.
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