CHARLESTON – Richard Ojeda, the former state Senator who later ran for U.S. Senate and president, says a current Logan County state Senator improperly used his name and voice in political campaign ads.
Ojeda filed his complaint August 2 against Rupert “Rupie” Phillips in Kanawha Circuit Court.
According to the complaint, Phillips used radio ads including direct references to Ojeda during his 2020 state Senate campaign. The ads also used soundbites of Ojeda, who says Phillips never asked for a release or permission to use Ojeda’s name and voice.
Phillips
“Defendants’ ads quoted, suggested and implied that the plaintiff, Mr. Ojeda, had wished cancer on candidates with political ideology other than his own,” the complaint states. “Defendant’s radio ads took statements plaintiff made after he was a victim of a violent crime and put those soundbites in his campaign ads without providing context.”
Ojeda, a Democrat, says Phillips, a Republican, used Ojeda’s name and reputation to advance his own interests and profit from it while defaming Ojeda and injuring his reputation. The complaint says a legally protected interest in privacy is recognized in West Virginia.
Ojeda accuses Phillips of defamation, invasion of privacy, publicity unreasonably placing another in a false light before the public, appropriation of another’s name or likeness, violation of the right of publicity and intentional infliction of emotional distress.
“Defendant’s use of the plaintiff’s name and voice was done with malice, with no other intent but to harm plaintiff’s reputation and sully his name,” the complaint states. “Plaintiff has an absolute, legally protected interest in his name, likeness and voice. …
“The appropriation of plaintiff’s name and voice allowed the defendant to gain campaign financing through donations to his campaign and provided the defendant the opportunity to gain popularity and favor in the West Virginia Republican Party by attacking the plaintiff, a staunch opponent of the Republican Party. …
“Plaintiff Ojeda’s name and likeness have been crafted for years and includes, but is not limited to, his military career, his political campaigns, elected positions, his efforts during the 2018 West Virginia teacher’s strike and his internet podcasts.
Ojeda seeks compensatory damages for his special and general injuries including personal injuries as well as mental suffering, mental anguish, past and future lost enjoyment of life, past and future humiliation, embarrassment, indignity, shame, economic damages, diminished earning capacity and future lost wages. He also seeks punitive damages, attorney fees, court costs and other relief.
He is represented by Teresa Toriseva and Joshua Miller of Toriseva Law in Wheeling. The case has been assigned to Circuit Judge Joanna Tabit.
Phillips also was a Republican candidate for the U.S. house in 2018, but lost in the primary to Carol Miller. Before 2017, Phillips was a Democrat. He switched parties the same year Justice did.
Kanawha Circuit Court case number 21-C-640
