Joshua Bender is an attorney for the ACLU who is one of the attorneys who is prosecuting the case of Melendres v. Arpaio in Arizona. Dennis Montgomery is suing Joshua Bender, the ACLU, et al. for defamation; the lawsuit is filed in Florida where Montgomery lives, along with his attorney Larry Klayman (presumably not together), or so the suit alleges.
This article’s title was inspired by the declaration of Mr. Bender in the Dennis Montgomery v. ACLU lawsuit, which seems intended to provide support for a claim that the Florida court lacks jurisdiction over him. Mr. Bender’s declaration was filed along with a motion to dismiss for “lack of personal jurisdiction, improper venue, and failure to state a claim.”1 The ACLU has requested that oral arguments be heard.
The defamation claim rests on the fact that an ACLU attorney (not Bender) used the phrase “con man” referring to Montgomery to a New York Times reporter who subsequently published it. The ACLU plays the opening Google/Wikipedia defense, saying:
The very first hit on a Google search for the plaintiff “Dennis Montgomery” is a Wikipedia entry quoting his own attorney as calling him a “con artist” and “habitual liar engaged in fraud” …
In the meantime, Joshua Bender has petitioned the Court in Phoenix to withdraw from the Melendres case.
For background on the lawsuit, see my article: “Montgomery sues ACLU.”