Judge Denies Restraining Order on Diviney Blog - WBOY - Clarksburg, Morgantown: News, Sports, Weather

Judge Denies Restraining Order on Diviney Blog

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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.

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