Malden Man Sues NY Post for Libel in Boston Marathon Coverage

A Malden man is one of two suing the New York Post for libel this week, accusing the paper of falsely implying they were suspects wanted by police in the Boston Marathon bombing. 

Salaheddin Barhoum, 16, of Revere, and Yassine Zaimi, age not given, of Malden,  are the two plaintiffs in the case, to whom the paper referred as "Bag Men" in their now infamous April 18 cover story. 

The full page article also featured a headline reading "Feds Have 2 Men in Sights."

Though the paper did not explicitly refer to the pair as suspects, the complaint claims the Post "unambiguously stated and/or implied that the plaintiffs were involved in causing the Boston Marathon bombing." 

The two men were reportedly running enthusiasts who attended the event as spectators, the Boston Globe reports.

Two Cambridge brothers, Dzhokhar and Tamerlan Tsarnaev, were later identified as the suspects. 

The suit contains three claims of libel per se - one for the front page, print article and internet story - a fourth claim of negligent, intentional and/or reckless infliction of emotional distress and a fifth of invasion of privacy. 

The suit seeks compensatory damages, attorney's fees and punitive damages. 

Post Editor Col Allan would not comment on the story to the Boston Globe, though he defended the paper in an Associated Press story published before the lawsuit was filed.  

"We did not identify them as suspects," he said in April. 

"You're all clear." 

The full complaint, provided by Massachusetts Lawyers Weekly, details the aftermath of the publication for both plaintiffs. 

Zaimi reportedly learned his image was being shared as a possible suspect on message board sites like Reddit and 4-Chan, and turned himself into Malden and East Boston Police for questioning the following Wednesday. 

According to the suit, Zaimi was told he was "all clear" by investigators and not to worry. 

"At approximately 2:00 a.m. on Thursday, April 18, 2013, plaintiff left the Malden Police station thinking this matter had been put to rest," the complaint reads. 

That morning, the Post ran the story. 

"In various headlines, articles and images, the newspaper stated or implied that the plaintiffs were the perpetrators of the bombing; that they were suspects in the bombing; that they were being sought by law enforcement; and that the photographs of them were being circulated by law enforcement officials.

"None of these statements are true," the complaint concludes. 

Later that morning, Barhoum was on still on school vacation. He returned to his family's home in Revere from sports practice to find a number of media organizations parked outside of his home, according to the complaint.

When he arrived, he reportedly overheard reporters asking his parents about his alleged role in the bombing. 

There, "One of the media members showed him an image of the front page of (The New York Post), which had been published earlier that morning," the complaint read.

"Seeing the publication for the first time, plaintiff Barhoum became terrified, began to shake and sweat, and felt dizzy and nauseous." 

Invasion of privacy

The two plaintiffs also received threatening communications via social media.

Zaimi said a man identified him as the subject of the Post story at a Boston T station and accosted him on the platform. 

"As a result of the New York Post's defamatory publications, plaintiffs were put in fear for their lives and suffered harm, including but not limited to damage to their reputations and ongoing extreme emotional distress." 

What do you think? Does this rise to the level of libel?