Harasser of Bungie dev found liable for almost $500,000 in damage & fees

Jesse James Comer doxxed and harassed a Bungie developer with an ever-escalating series of abuse and must now face the consequences.

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A judge has ordered in favor of Bungie’s recent lawsuit against Jesse James Comer for the harassment of one of its community managers. The court has ordered Comer to never contact Bungie or its employees except through Bungie’s counsel, never harass Destiny 2 community members, and to pay almost $500,000 in damages, legal fees, and more.

Here, Comer previously stipulated to injunctive relief at the beginning of this action. Based on the above findings and conclusions, the Court finds it appropriate to render that order permanent so as to ensure that Comer never again harasses or targets Bungie’s employees or players again. IT IS HEREBY ORDERED, JUDGED, AND DECREED:  1. Defendant Comer shall not contact, or cause others to contact on his behalf, any Bungie employee for any purpose. 2. Defendant Comer shall contact Bungie only through Bungie’s counsel. 3. Defendant Comer will not directly or indirectly seek to harass or intimidate any Destiny 2 community member, including but not limited to any player, streamer, artist or other content creator. 4. This order is binding on the parties, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise.  IT IS FURTHER ORDERED, ADJUDGED AND DECREED as follows: Judgment is hereby entered in favor of Plaintiff/Judgment Creditor Bungie, Inc. against Defendant Jesse James Comer (1) the judgment principal balance of $380,189.22; plus (2) $25,000 in statutory damages pursuant to the CPA; plus (3) $83,806.30 in total attorneys fees, plus (4) $200 in statutory attorneys fees pursuant to RCW 4.84.080; plus (5) post-judgment interest on the entire judgment at the rate of 12% per annum accruing from the date of entry of judgment until fully paid.

Source: Bungie v Jesse James Comer court document

On July 12, 2023, Kathryn Tewson posted to Twitter about a win they received on July 11 on behalf of Bungie. The win is in relation to a complaint filed with the King County Superior Court against Jesse James Comer. The complaint outlines a tirade of abuse directed at one of Bungie’s employees by Comer. The lawsuit lays out an argument that said abuse has a direct and negative impact on Bungie, and as such, Comer is now liable to pay $489,195.52 plus 12 percent per annum in interest until fully paid.

Tewson goes into more detail about why, beyond justice for the plaintiff, the decision by the court is so critical. “We got an official judicial recognition of the threat and harm posed by the well-documented pattern of escalating harassment that can culminate in tragedy via swatting and other real-world violence,” Tewson writes. That is to say, words of harassment can turn into real-life danger as abusers escalate their attacks.

This court case has also resulted in a new tort. “In addition to finding that Washington employers can recover for damages for harassment of their employees under standard torts like nuisance and invasion of privacy, the Court also held that it would recognize a new tort,” Tewson writes. “By recognizing a new tort based on the Washington criminal statutes outlawing cyber and telephone harassment, the Court has created a path for those with the resources to identify stochastic terrorists and hold them accountable to do exactly that and recover their costs in court.”

Though the damage Comer caused will remain with those whom suffered the attacks, Bungie’s court case has at least resulted in an online abuser being held accountable for their actions. It has also helped lay the groundwork for future cases against online harassers and ensured companies are able to protect their employees. You can read the entire court document via a Google Drive link as well as Allison Nixon’s declaration.

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Hailing from the land down under, Sam Chandler brings a bit of the southern hemisphere flair to his work. After bouncing round a few universities, securing a bachelor degree, and entering the video game industry, he's found his new family here at Shacknews as Head of Guides. There's nothing he loves more than crafting a guide that will help someone. If you need help with a guide, or notice something not quite right, you can message him on X: @SamuelChandler 

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