Fields

Fields v. Twitter, Inc.

Good Law
217 F. Supp. 3d 1116·2016 WL 6822065·2016 U.S. Dist. LEXIS 161233
United States District Court, Northern District of CaliforniaNovember 18, 2016Case No. 16-cv-00213-WHOCalifornia6,542 words

Opinion

Lead Opinion

Orrick, J.

ORDER GRANTING MOTION TO DISMISS

INTRODUCTION

In November 2015, Lloyd “Carl” Fields, Jr. and James Damon Creach were shot and killed while working as United States government contractors at a law enforcement training center in Amman, Jordan. The shooter, Anwar Abu Zaid, was a Jordanian police officer who had been studying at the center. In subsequent statements, the Islamic State of Iraq and Syria (“ISIS”) claimed responsibility for the attack, and according to Israeli intelligence, the gunman belonged to a clandestine ISIS terror cell. In their Second Amended Complaint, plaintiffs, the wife of Fields and the wife and children of Creach, seek to hold defendant Twitter, Inc. (“Twitter”) liable for Abu Zaid’s despicable acts and ISIS’s terrorism under 18 U.S.C, § 2333(a), part of the Anti-Terrorism Act (“ATA”), on the theory that Twitter provided material support to ISIS by allowing ISIS to sign up for Twitter accounts, and that this material support was a proximate cause of the November 2015 shooting.

I dismissed plaintiffs’ First Amended Complaint because their claims were barred by the Communications Decency Act (“CDA”), 47 U.S.C. § 230 (c). In the Second Amended Complaint,…

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