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Doe v. Boland, 09-4281

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By FindLaw Staff on January 19, 2011 2:51 PM

Action against an expert witness under the civil remedy provisions of the federal child pornography

Doe v. Boland, 09-4281, concerned plaintiffs' suit against an expert witness under the civil remedy provisions of the federal child pornography, for "morphing" downloaded images of plaintiffs' children from a stock photo website into pornography and using the images to help his clients in child pornography charges in federal and state court.


In reversing the district court's entry of summary judgment in favor of the defendant and its  conclusion that Congress did not intend the law to apply to expert witnesses,  the court remanded the matter in holding that 18 U.S.C. section 2255(a) provides no exemption for defendant's conduct in this case and it supplies a cause of action for individuals aggrieved or injured by his actions.

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