A woman’s assault, defamation and malicious prosecutions allegations against a Virginia attorney and his wife have survived dismissal.
The Eastern District of Virginia denied the wife’s motion to dismiss the defamation claim, finding that she could be held liable for republishing her husband’s inflammatory Facebook posts about the woman.
“This Court has held that someone who republishes or reproduces a defamatory writing can be liable if they do so knowing the post is false or inherently improbable,” U.S. District Judge Henry E. Hudson wrote, adding that “it is clear that the posts were not simply a matter of opinion.”
The opinion is Hartnett v. Hardenbergh (VLW 023-3-451).
Pamela Hartnett, a lifelong resident of Petersburg, lived near Charles Vanevera Hardenbergh, or Van, his wife, Mari, and her brother, Israel De La Cruz. Van is a Virginia attorney and Hartnett eventually began working for Van’s law practice.
On July 20, 2019, Hartnett rode with the Hardenberghs in their limo to dinner and a charity event in Richmond, during both of which they drank alcohol. On the trip home, Hartnett claimed a disagreement made Van and Mari assault her “suddenly and without warning.”
Once home, Hartnett took photos of her injuries. When Mari later arrived to pick up her dog, Hartnett said she was calling police. Van soon arrived. Hartnett refused to let him in, but he entered using a back door key.
Hartnett claimed Van followed her upstairs, prevented her from calling for...
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