Comment: As reported by WBOY. They incorrectly identify Austin Vantrease as a WVU student. At the time, he was at the University of Delaware and visiting Jonathan May. Jonathan May was the other man convicted in the beating.
Judge Denies Restraining Order on Diviney Blog
Posted: Jun 25, 2012 10:23 AM EDT
By Stacy Moniot, Anchor/Reporter – bio | email
Former West Virginia University student Austin Vantrease was convicted of putting fellow student Ryan Diviney into a persistent vegetative state three years ago, but their legal battle continues in civil court.
Diviney’s family is suing Vantrease and his co-defendant Jonathan May for personal injury. A trial is coming up in the matter, and Vantrease wanted the judge to place a restraining order on Diviney’s father, Ken, from writing in a blog titled “Ryan’s Rally.” In it, Ken Diviney chronicles what it’s like to live with and take care of Ryan in his current state.
Vantrease claimed that the blog could prejudice a potential jury, and asked that Diviney not be allowed to write certain comments in the blog.
The matter was referred to federal magistrate John Kaull. He recommended that U.S. Circuit Court Judge Irene Keeley dismiss the motion without prejudice, because Vantrease failed to show how the blog could cause him “irreparable harm.”
Vantrease did not file any objections to that recommendation, and Keeley dismissed it June 21.
I thought this was an interesting story. What parents must do to care for their children:
Good news!! Better news is that your blog is listed in the article so it will draw more people to your writings and not away as they would have wanted! Kind of back fired on them!
I’m almost starting to get my faith restored in our justice system…almost…
thank goodness….unbelievable what these guys feel is their right.
Carla Liberty says
First Amendment rights….SCORE!!!!
Hoping we can now look ahead to the civil suit trial, and praying the perps and/or their families start coughing up their court-mandated restitution.
Well my prayers were answered. Justice will be done.
I’m glad the suit got dismissed. Free speech needs to be protected.
John, I have never met you, but I like your style and way of thinking as shown in your post above!
What a great idea you have…. for Austin to shut the hell up and go back to his cell, especially if he cannot contribute anything positive to society. Wasting the state of WV and the Divineys time and money with a selfish frivolous lawsiut Is not a productive contribution to society.
Rita Caporicci Hoop via Facebook says
Another great birthday gift — what a relief!
Jo Hobbs via Facebook says
Just as we thought!
They don’t invest their money wisely, do they? A much better investment in Vantrease’s future would have been to send all those many dollars to Ryan. However, it’s not too late to begin restitution, and it seems to me this would go a long way with a future judgememt. I don’t know how these people can possibly think that they shouldn’t contribute to Ryan’s care after the heinous crime their sons committed!
Always here with faith, hope, love and prayer.
Gail Doyle says
Ken, Agree with John.Thank goodness it was dismissed. It couldn’t have been any other way. Keep up your posts…It is what it is and they deserve their punishment and we always want to know how Ryan is doing. Always here
John Maletta says
It’s ironic to me that the little punk Vantrease is now concerned about “irreparable harm”. I’d like to grant you your wish of a minute in a room with him, with you armed with a Louisville Slugger, to demonstrate to him once and for all what irreparable harm really feels like. Hey Austin, shut the hell up and go back to your prison cell!
I don’t know about that John I highly doubt Ken Diviney would be able to win that battle.