Still in Solitary, Nick Hogan Phones in Lawsuit

Nick Bollea files suit against sheriff's dept. over released phone recordings; denied move out of solitary confinement

By Gina Serpe Jun 03, 2008 8:38 PMTags
Nick HoganJean Baptiste Lacroix/WireImage.com

Nick Hogan does not want to be singled out by Florida's Pinellas County Sheriff's Department. Except when he does.

The Hulkster's son, currently serving an eight-month sentence for felony reckless driving stemming from a crash that left his friend in critical condition, has filed a civil suit against the department for releasing recordings of his private phone conversations.

News of the suit surfaced on the same day a judge denied the younger Hogan's request to be removed from solitary confinement because it's causing him "unbearable anxiety."

Hmm. Perhaps that's why it's called punishment.

Officials said the 17-year-old, whose real name is Nick Bollea, was originally separated from other inmates because he is, until his July 27 birthday, a minor. This, despite him being convicted in adult court.

The rejection and subsequent alone time shouldn't smart the teen too much, however, as he seems to prize his privacy above all else.

Attorneys for Bollea have filed a civil suit against the Sheriff's Office for what they claim is a violation of his privacy rights, after the office released a series of phone conversations between the jailbird, his wrestler father and his mother.

Pinellas County Sheriff's spokeswoman Marianne Pasha told E! News that the family had fair—and frequent—warning their calls were being recorded.

"During the phone calls, there is a recording that comes on reminding callers that their call is being recorded," she said. "All calls from the jail are collect calls and all persons involved in the calls are advised that the call is being taped."

However, the Bolleas should feel free to go at it now.

"We cannot comment on this case because there is now litigation pending," Pasha said. "And we will also not be able to release any more calls while this litigation is pending."

Bollea's attorneys, meanwhile, also claim the Sheriff's Department allowed a news crew to film him against his wishes during a family visit. His attorneys claim that none of the releases should have been allowed, as none of the communiqués could be considered "public record."

"It's unfortunate that we are required to file a lawsuit against the Sheriff's Office to compel them to follow the law and respect the privacy rights of a juvenile and his family," attorney David Houston said. "A judge's order should not be required to stop the Sheriff's Office from putting Nick, his family and their most intimate thoughts on public display."

Attorney Morris "Sandy" Weinberg agreed, adding that "Nick only asks that he be treated no differently than the other inmates at the Pinellas County Jail. Instead, the Sheriff's Office has singled him out by the unprecedented release to the media of his personal calls with his family and the intrusion into his family visitations by the media."

In the series of recordings released to the media, Bollea complains about the size of his cell, calls friend John Graziano, currently in critical condition as a result of the accident for which Bollea is serving time, a "negative person," and also asks his father to secure a deal for him to appear in a reality show once he's released from jail.

In response, Kim Kohn, one of the attorneys representing Graziano, tells E! News, "We are not both not surprised by the filing of the motion nor the judge’s decision to deny the motion."