COURT OF COMMON PLEAS

ADAMS COUNTY, OHIO

SHAWN D. COOLEY, CASE NO. C!VH

c/o Robert A. Klingler
895 Central Ave, Suite 300 JUDGE ?--?

Cincinnati, Ohio 45202-1984

AND

JUSTIN COOLEY,
c/o Robert A. Klingler
895 Central Ave, Suite 300
Cincinnati, Ohio 45202-1984

AND

MICHAEL D. ESTEP,
c/o Robert A. Klingler
895 Central Ave, Suite 300 COMPLAINT FOR DAMAGES AND
Cincinnati, Ohio 45202-1984 INJUNCTIVE RELIEF, WITH JURY
DEMAND ENDORSED HEREON
AND

SHAWN D. GROOMS,
c/o Robert A. Klingler
895 Central Ave, Suite 300
Cincinnati, Ohio 45202-1984

AND

BRIAN NEWLAND,
c/o Robert A. Klingler
895 Central Ave, Suite 300
Cincinnati, Ohio 45202-1984

AND

LISA PIDLLIPS,
c/o Robert A. Klingler
895 Central Ave, Suite 300
Cincinnati, Ohio 45202-1984
AND

RANDOLPH L. WALTERS, JR.,

c/o Robert A. Klingler
895 Central Ave, Suite 300
Cincinnati, Ohio 45202-1984
Plaintiffs,

v.

JOSEPH EDGAR FOREMAN,

AlKJA AFROMAN
1299 Russellville Rd
Winchester, OH 45697

AND

HUNGRY HUSTLER RECORDS,

1299 Russellville Rd
Winchester, OH 45697

AND

MEDIA ACCESS INC.,

13154CoitRd
Dallas, TX 75240

AND

DEFENDANT JOHN DOE 1,

Address unknown,

AND

DEFENDANT JOHN DOE 2,

Address unknown,

AND

DEFENDANT JOHN DOE 3,

Address unknown,
Defendants,

2
 For their complaint against Joseph Edgar Foreman, aka Afroman, Hungry Hustler, Media

Access, John Doe 1, John Doe 2, and John Doe 3, Plaintiffs Shawn D Cooley, Justin Cooley,

Michael D. Estep, Shawn S. Grooms, Brian Newland, Lisa Phil ips, and Randolph L. Walters, Jr.

state as follows:

PARTIES

1. Plaintiff Shawn D. Cooley is an individual residing in Adams County, Ohio. At all relevant

times, he has been a

Deputy with the Adams County Sheriff s Office.

2. Plaintiff Justin Cooley is an individual residing in Adams County, Ohio. At all relevant

times, he has been a Deputy with the Adams County Sheriff s Office.

3. Plaintiff Michael D. Estep is an individual residing in Adams County, Ohio. At all relevant

times, he has been a Sergeant with the Adams County Sheriffs Office.

4. Plaintiff Shawn D Grooms is an individual residing in Adams County, Ohio. At all relevant

times, he has been a Deputy with the Adams County Sheriff s Office.

5. Plaintiff Brian Newland is an individual residing in Adams County, Ohio. At all relevant

times, he has been a Detective Sergeant with the Adams County Sheriffs Office.

6. Plaintiff Lisa Phil ips is an individual residing in Adams County, Ohio. At all relevant

times, she has been a Deputy with the Adams County Sheriff s Office.

7. Plaintiff Randolph L. Walters, Jr. is an individual residing in Adams County, Ohio. At all

relevant times, he has been a Sergeant with the Adams County Sheriffs Office.

3
8. Defendant Joseph Edgar Foreman, aile/a "Afrornan," is an individual residing in Adams

County, Ohio.

9. Defendant Hungry Hustler Records on information and belief is a business entity doing

business in and with its principal place of business in Adams County, Ohio. On information' and

belief, Hungry Hustler is owned and operated by Defendant Joseph Edgar Foremen, and is used

by Defendant Foreman to market and sell music, videos, merchandise, and other products.

10. Defendant Media Access, Inc., on information and belief is a Texas Corporation in the

business of full-service video and music distribution and royalty collection. On information and

belief, Joseph Edgar Foreman uses Media Access, Inc. to distribute his music and media posts, to

collect royalties, and for other services. Through its distribution of videos and music in Ohio and

its business dealings with Defendant Foreman and others in Ohio, Media Access, Inc. has

significant contacts with the State of Ohio.

11. Defendant John Doe 1 on information and belief is a business entity doing business in and

with its principal place of business in Adams County, Ohio. On information and belief, Defendant

John Doe 1 is owned and operated by Defendant Joseph Edgar Foremen, and is used by Defendant

Foreman to market and sell music, videos, merchandise, and other products.

12. Defendant John Doe 2 on information and belief is a business entity doing business in and

with its principal place of business in Adams County, Ohio. On information and belief, Hungry

Hustler is owned and operated by Defendant Joseph Edgar Foremen, and is used by Defendant

Foreman to market and sell music, videos, merchandise, and other products.

4
13. Defendant John Doe 3 on information and belief is a business entity doing business in and

with its principal place of business in Adams County, Ohio. On information and belief, Hungry

Hustler is owned and operated by Defendant Joseph Edgar Foremen, and is used by Defendant

Foreman to market and sell music, videos, merchandise, and other products.

FACTUAL BACKGROUND

"Afroman" products and merchandise

14. Defendant Joseph Edgar Foreman ("Foreman") is a creator, producer, and performer of

music and videos who is known by the stage and commercial name "Afroman."

15. In addition to music and music videos, Foreman markets and sells a variety of products

under the trade name "Afroman." These products include, beer, marijuana, T-shirts, and other

merchandise.

16. Foreman sells his "Afroman" products on line, and at live events at which he performs.

Search of Defendant Foreman's Residence

1 7. On or about August 21, 2022, law enforcement officials from the Adams County

Sheriffs Office conducted a search of Foreman's Adams County residence, pursuant to a

lawfully issued search warrant.

18. Foreman was not present at the time of the search, but his wife was in the home, observed

the search, and recorded portions of the search on her camera phone, including the faces and

bodies of many of the law enforcement officers involved.

5
19. Foreman's residence was equipped with several security video cameras, which also

recorded many portions of the search, including the faces and bodies of many of the law

enforcement officers involved.

Foreman creates commercial videos with faces and bodies of Plaintiffs

20. After the search was concluded, Foreman used portions ofthe recordings of the search

from his wife's phone and his surveillance cameras to create music videos about the search.

These music videos clearly portray the images, likenesses, and distinctive appearances

("personas"), of many of the officers involved in the search, including those of all Plaintiffs.

21. Foreman created dozens of videos and images of Plaintiffs' personas, and posted them on

various social media platforms, including Facebook, YouTube, Snap Chat, TicTok, and

Instagram.

22. Foreman has used, and continues to use, the videos and photos of the Plaintiffs' personas

for commercial purposes, to promote his "Afroman" brand, to sell products, to promote his

music tours, and to make money from the use of Plaintiffs' images on videos and other media.

23. Following are only some of the many examples of the Defendants' use of the personas of

Plaintiffs for commercial purposes:

a. Instagram post containing an image of Foreman wearing a shirt with an image of

Plaintiff Shawn Cooley beside an image of Peter Griffin (Family Guy). Caption: "Good

Morning Ladies!!! What up Fellas??? Congratulations to Police Officer Poundcake

Thank you for getting me 5.4 MILLION hits on TikTok I couldn't have done it without

you obviously! Congratulations again you're famous for all the wrong reasons. As you

6
can see all my poundcake is gone officer poundcake confiscated my pound cake he said

something happened to his body camera on the way to the evidence room 101

https://www.instagram.com/p/CiaIG3ZulB4I?igshid=NTdIMDg3MTY=

b. Instagram Post containing images of fans holding merchandise that contains

images of Shawn Cooley. Caption: "LEMON POUNDCAKE l l!"

https:/ /www.instagram.com/p/CkB18dyu5TMl?igshid=NT dlMDg3 MTY =

c. Instagram Post in which Foreman confirms that @ogafroman is his official

account. Post contains images of Plaintiff Brian Newland, then advertises Afroman's new

album.

d. Instagram post containing image of Foreman wearing a shirt with images of

Plaintiff Justin Cooley. Post promotes new album. Caption: "What's your favorite song

on lemon pound cake so far? Also what's your favorite line?"

https://www.instagram.com/p/CjLOpLcuBmll?igshid=NTdIMDg3MTY=

https://www.instagram.com/p/CiFsuxuPEBjl?igshid=NTdIMDg3MTY=

e. Instagram post containing image of Foreman wearing merchandise and promoting

merchandise with images of Plaintiff Shawn Cooley. Caption: "I am pressing up

merchandise for my up-and-coming Canada Tour which officer Poundcake shirt do you

like the most the one to the left or the right? Let me know so I invest my money in the

more popular shirt"

https://www.instagram.com/p/CjMPZLzuOgll?igshid=NTdIMDg3MTY=
7
f. Instagram post containing images of merchandise. Some of the merchandise

contains images of Plaintiff Shawn Cooley. Caption: "Canada get ready for the most

hunted to most wanter the most blunted rapper in the world!ll For the first time I will

have branch new merchandise available on the month long Canada Tour bring ya

merchandise money. I WILL SIGN EVERYHTING THAT IS BOUGHT. T-shirts: $35,

Hoodies $70, Bini's $30"

https://www.instagram.com/p/CjN971HOR5Dl?igshid=NTdIMDg3MTY=

g. Instagram post containing video of fans and defendant singing "Lemon

Poundcake" while a fan wears merchandise that contains images of Plaintiff Shawn

Cooley.

https://www.instagram.com/reel/Cjmix9CA3Z7I?igshid=NTdIMDg3MTY=

h. Interview on VLADTV during which Foreman discusses the use of the search as

material for songs. Foreman admits to using images and clips from the search in videos

and promotion. Foreman states that his "Will you repair my door?" song went viral.

Foreman states that his "Lemon Pound Cake" clip went viral on Tik Tok. Foreman says,

"Everybody understood what I was talking about when I said 'Lemon Pound Cake.'

That's the cop, on the viral video, TikTok, that was going through the house that wanted

a slice of the lemon pound cake." (3:27 -

3:40) Includes image of Plaintiff Shawn

Cooley on video. (2:26 -

2:38)

https://www.youtube.com/watch?v=noYFt6hOHew

8
1. Instagram post that portrays Plaintiff Shawn Grooms next to an image of

Quasimodo (The Hunchback of Notre-Dame). Caption: "Good Moring Ladies The

hatchbacc of Adams KKKounty said to get my New Album LEMON POUND CAKE

SEPTEMBER 30TH." Snapchat-186486110

https://www.instagram.com/p/Ciw ptkuPtel?igshid=NTdIMDg3MTY=

J. Instagram post that portrays Judge Gabbert (the judge who signed the search

warrant) next to an image of Droopy. Caption: "This is the judge that signed the warrant

that said kidnapping. His name is Roy Droopy Gabbert. Vote him out before he signs a

fictitious warrant then send some over reacting paranoid KKKops to your House

jeopardizing the lives of you and your family, Stealing your money and disconnecting

your home video security surveillance system. Vote out judge Roy Droopy Gabbert. Then

go get my new album lemon pound cake September 30 on all platforms."

https://www.instagram.com/p/CivlNJrOiGEl?igshid=NTdlMDg3MTY=

k. Instagram post that portrays Plaintiff Lisa Phil ips next to an image of the Mona

Lisa. Caption: "Good Morning Ladies ... here she is ... The Condescending C?nt ...

ADAMS KKKOUNTY SHERIF LIEUTENANT MONA LICC'EM LOW LISA to serve

and disconnect ...

(your home video security surveillance system) so you won't have

proof of the Adams county sheriff department stealing money and other things around

your house even possibly planting false kidnapping evidence. I used to speak to this lady

when I dropped my kids off to school I always wondered why she never spoke bacc just

looked at me with the same condescending c?nt look you see in the picture. I spoke to her

again at the metal detector in the Adams county courthouse her voice was three octaves

9
 lower than mine lo!!! Has anybody in Adams county verified her vagina? If you haven't

you should or she might whoop out something bigger than yours. If this lady is your

friend I wouldn't leave her alone in my house. Or I'l put it this way if you leave and your

video system is messed up when you get bacc you know who did it. Why would a good

cop want to disconnect a video security surveillance system Lt Licc'em Low Lisa? NEW

"
ALBUM "LEMON POUNDCAKE DROPPING SEPTEMBER 30 ! My name for this

particular officer is Lieutenant Mona Lice em Low Lisa! What nice-name did you come

up with for her? I'm good but I will admit yours might be better than mine! Whatcha got

?"

https://www.instagram.com/p/CinMvhkugtAl?igshid=NTdlMDg3MTY=

1. Y ouTube videos depicting most or all of the officers involved in the search, set to

music and used by Foreman to promote his brand and sell his products.

https://www.youtube.com/watch?v=oponIfu5L3Y

https://www.youtube.com/watch?v=ISe3IVBBbyU

24. Defendant Foreman created many other videos, posted on various social media platforms,

that use the personas of each of the Plaintiffs for commercial purposes-that is, to promote his

live performances, his music, his other merchandise, and his "Afroman" brand.

25. Foreman created, performed, posted, and publicized these and other depictions of

Plaintiffs' personas for commercial purposes without the authorization of any of the Plaintiffs to

do so.

10
26. Foreman created, performed, posted, and publicized these and other depictions of

Plaintiffs' personas for commercial purposes through, in cooperation with, or with the assistance

of the other Defendants, all of whom knew that the use of Plaintiffs' images and identifying

characteristics was not authorized by Plaintiffs.

27. Defendants' actions were wil ful, wanton, malicious, and done with conscious or reckless

disregard for the rights of Plaintiffs.

28. As a result of Defendants' actions, Plaintiffs have been subjected to ridicule, even in the

further performance of their official duties, by members of the public who have seen some of

Defendants' above-described postings. In some instances, it has made it more difficult and even

more dangerous for Plaintiffs to carry out their official duties because of comments made and

attitudes expressed toward them by members of the public.

29. As a further result of Defendants' actions, Plaintiffs have been subjected to threats,

including death threats, by anonymous members of the public who have seen some of

Defendant's above-described po stings.

30. As a result of Defendants' actions, Plaintiffs have suffered damages, including all profits

derived from and attributable to Defendants' unauthorized use of Plaintiffs' personas, and have

suffered humiliation, ridicule, mental distress, embarrassment, and loss of reputation.

31. Plaintiffs continue and will continue in the future to suffer damages unless Defendants

are enjoined from further violations of Plaintiffs' rights.

11
 COUNT ONE
Violations of Ohio Rev. Code Chapt. 2741-Unauthorized Use of Individual's Persona

32. Plaintiffs repeat the allegations contained in paragraphs 1 through 31 of this Complaint as

if fully rewritten herein.

33. Defendants used the personas of the Plaintiffs for commercial purposes, during Plaintiffs'

lifetimes, without their authorizations to do so.

34. The personas of the Plaintiffs were not used by Defendants in connection with any news,

public affairs, sports broadcast, or political campaign, and their unauthorized use of Plaintiffs'

personas for commercial purposes was not justified or excused.

35. All Defendants had knowledge of the unauthorized use of Plaintiffs' personas as

prohibited by Rev. Code § 2741.02.

36. Defendants' actions constitute the unauthorized commercial use of Plaintiffs' personas, in

violation of Rev. Code § 2741.02.

37. Defendants' actions were wil ful, wanton, malicious, and done with conscious or reckless

disregard for the rights of Plaintiffs.

38. As a result of Defendants' violations ofthe statute, Plaintiffs have been damaged in the

amount of profits made by Defendants by the unauthorized use of their personas; have suffered

embarrassment, ridicule, emotional distress, humiliation, and loss of reputation, and are entitled

to injunctive relief and other remedies under the statute.

12
 COUNT TWO
(Invasion of Privacy by Misappropriation-
Restatement (Second) of Torts, § 652C (1977))

39. Plaintiffs repeat the allegations contained in paragraphs 1 through 38 as if fully rewritten

herein.

40. In using Plaintiffs' personas as alleged herein, Defendants have appropriated for their

own use and benefit the reputation, prestige, social standing, public interest, and other values of

Plaintiffs' names and likenesses, which have intrinsic value, in contravention of Plaintiffs' right

to privacy.

41. Defendants' actions were wil ful, wanton, malicious, and done with conscious or reckless

disregard for the rights of Plaintiffs.

42. As a result of Defendants' Invasion of Privacy by Misappropriation, Plaintiffs have been

damaged monetarily, and have suffered embarrassment, ridicule, emotional distress, humiliation,

and loss of reputation, and are entitled to injunctive relief and other remedies.

COUNT THREE
(Invasion of Privacy-False Light Publicity-
Restatement (Torts), Second § 652E (1977))

43. Plaintiffs repeat the allegations contained in paragraphs 1 through 42 of the Complaint

as if fully rewritten herein.

44. In their depictions and descriptions of Plaintiffs on social media postings and elsewhere,

Defendants made statements that were false, and that they knew to be false, and which portrayed

Plaintiffs in a false light, SUbjecting them to undue ridicule, embarrassment, mental distress, and

danger.

13
45. Defendants' actions were wil ful, wanton, malicious, and done with conscious or reckless

disregard for the rights of Plaintiffs.

46. As a result of Defendants' false depictions of Plaintiffs, they have suffered

embarrassment, ridicule, emotional distress, humiliation, and loss of reputation, and are entitled

to injunctive relief and other remedies.

COUNT FOUR
(Invasion of Privacy-Unreasonable Publicity Given to Private Lives-
Restatement (Second)Torts, § 652D (1977»

47. Plaintiffs repeat the allegations contained in paragraphs 1 through 46 of the Complaint

as if fully rewritten herein.

48. Some of Defendants' po stings as described above gave publicity to matters concerning

the private lives of Plaintiffs which were not of legitimate concern to the public, and the

exposure of which a reasonable person would find to be highly offensive.

49. Defendants' actions were wil ful, wanton, malicious, and done with conscious or reckless

disregard for the rights of Plaintiffs.

50. As a result of Defendants' unreasonable publicity of the private lives of Plaintiffs, they

have suffered embarrassment, ridicule, emotional distress, humiliation, and loss of reputation,

and are entitled to monetary and injunctive relief and other remedies.

COUNT FIVE
(Injunctive Relief)

51. Plaintiffs repeat the allegations contained in paragraphs 1 through 50 of the Complaint as

if fully rewritten herein.

14
52. As described above, Defendants continue to violate Plaintiffs' rights and subject them to

undue ridicule, mental distress, and danger by posting untrue and demeaning depictions of them

on social media and elsewhere.

53. Unless Defendants are restrained, Plaintiffs will suffer irreparable injury to their

reputations, their mental health, and their legally protected rights as Defendants continue to

wil fully and maliciously violate those rights.

54. The continuing injury to Plaintiffs outweighs any potential injury to Defendants that

would result from an injunction.

55. The requested injunctive relief is not adverse to public interest.

56. Plaintiffs have a substantial likelihood of success on the merits of their claims.

57. Plaintiffs should be preliminarily and permanently enjoined from continuing to violate

Plaintiffs rights and from posting their personas for commercial purposes, posting false

information and information that puts Plaintiffs in a false light, and posting unreasonable private

information about them.

WHEREFORE, Plaintiffs demand judgment against all Defendants as follows:

1. On Count One, against all Defendants, jointly and severally, an award for actual

damages, in excess of$25,000, in the amount of profits made by Defendants by the unauthorized

use of Plaintiffs' personas; or, in the alternative, for monetary damages as provided by statute;

for punitive or exemplary damages; for their attorney's fees, costs, and expenses of litigation; for

15
permanent injunctive relief; for impoundment of merchandise, goods, and other materials, and/or

their destruction, as provided by Rev. Code §2741.07(D) and (E);

2. On Count Two, against all Defendants, jointly and severally, an award for actual

damages, in excess of$25,000, in the amount of profits made by Defendants by the invasion of

their privacy; for damages for the emotional distress, embarrassment, ridicule, loss of reputation,

and humiliation suffered by Plaintiffs; for punitive or exemplary damages; and for their

attorney's fees, costs, and expenses of litigation;

3. On Count Three, against all Defendants, jointly and severally, an award for actual

damages, in excess of$25,000, in the amount of profits made by Defendants by the invasion of

their privacy; for damages for the emotional distress, embarrassment, ridicule, loss of reputation,

and humiliation suffered by Plaintiffs; for punitive or exemplary damages; and for their

attorney's fees, costs, and expenses oflitigation;

4. On Count Four, against all Defendants, jointly and severally, an award for actual

damages, in excess of $25,000, in the amount of profits made by Defendants by the invasion of

their privacy; for damages for the emotional distress, embarrassment, ridicule, loss of reputation,

and humiliation suffered by Plaintiffs; for punitive or exemplary damages; and for their

attorney's fees, costs, and expenses oflitigation;

5. On Count Five, an Order permanently enjoining all Defendants from continuing to

violate Plaintiffs rights and from publishing Plaintiffs' personas for commercial purposes,

publishing false information and information that puts Plaintiffs in a false light, and publishin

unreasonable private information about them;

16
6. As to all counts, for their costs, attorney fees, and all other relief to which they may be

entitled.

JURy DEMAND: Plaintiff demands a trial by jury on all issues so triable.

Respectfully submitted,

lsi Robert A. Klingler

Robert A. Klingler (0031603)
ROBERT A. KLINGLER CO., L.P.A.
895 Central Avenue, Ste. 300
Cincinnati, Ohio 45202
Telephone: (513) 665-9500
Facsimile: (513) 621-3240
Email: rak@klingledaw.com
Attorney for Plaintiffs

TO THE CLERK: Please serve the Defendants at the addresses indicated in the

caption by certified mail, returnable according to law.

17