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Westchester County resident Ivan Cantu filed the lawsuit against the celebrity on Thursday, Feb. 20, alleging that Kardashian wrongfully posted his photo on Instagram to her 350 million followers, claiming he was a convicted murderer on death row, according to New York-based Sobo & Sobo Personal Injury Attorneys.
The case includes six counts, including libel, slander, and invasion of privacy.
According to The Los Angeles Times, Cantu shares a name with a Texas death row inmate who was executed soon after Kardashian's mistaken post. The inmate Kardashian was referencing was convicted of murdering his cousin and his cousin's fiancee in 2000, the outlet reported.
In a statement given to the LA Times by Kardashian's attorney Michael Rhodes, he said her post was a "simple mistake" of "using the public photo of another man with the same name to promote Kim’s longstanding commitment to the cause of criminal justice reform," according to the outlet.
"The image was taken down almost immediately once the error was discovered," Rhodes told the LA Times, continuing, "We’d prefer to solve this without litigation, but of course will defend Kim as needed."
According to Cantu's lawsuit, the false claim led to severe emotional distress, including depression, post-traumatic stress disorder, and social anxiety. He was also grieving a loss at the time of the post, NBC News reported.
According to NBC, the issue was taken to court after multiple failed tries at getting in touch with Kardashian.
"For too long, we have seen social media cause devastating injuries to innocent victims," said Sobo & Sobo CEO Greg Sobo, who continued, "Social media is too often abused to bully the innocent, incite harm, and injure our communities. Just like those who cause physical harm should be held accountable, those who cause injuries to innocent victims through social media must also be held responsible."
Sobo continued with a mention to Kardashian's notoriety on platforms like Instagram: "If anyone should know the power of social media, it is Ms. Kim Kardashian."
The story has an ironic twist: Kardashian is now studying to become a lawyer after becoming a criminal justice advocate and convincing then-President Donald Trump to grant clemency in 2018 to Alice Marie Johnson, an inmate serving a life sentence for a nonviolent drug offense.
Johnson now serves as the current Trump Administration's "Pardon Czar."
Click here to read the full report from the LA Times.
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