A Colorado man says Nancy Grace showed his photograph on TV and described him as a serial killer even after police cleared him of wrongdoing.
Benjamin Seibert was branded a “selfie stalker” after his photo was discovered on a cell phone that belonged to a burglary victim.
The case became a national story in late January after a Denver woman found his photo on her phone after she said a man broke into her home as she put her children to bed.
Police suspected Seibert may have snapped a photo of himself during the alleged break-in, and Grace said the alleged actions were a "textbook serial killer's calling card."
Seibert contacted police Feb. 8 and told them he had been working in California at the time of the break-in, and police found he had no connection to the case.
The photo came from Seibert’s personal Facebook page, and police aren’t sure why it was found on the woman’s phone.
Police notified Grace that same month that her broadcasts about the case were false, but she continued to show his photo on the air.
Seibert filed a defamation lawsuit against Grace seeking more than $100,000 in damages.
The suit also names Crimestoppers, which Seibert said refused to take down his photo even after Denver police notified the agency about the mistake.
A spokesman for Crimestoppers said the photo was taken offline as soon as police called.
The lawsuit points out that Grace has made “outrageous and defamatory” about other cases and suspects during her broadcasts and notes that she had been reprimanded in court for unethical conduct during her nine years as a prosecutor.
Seibert’s attorney said he was “pretty confident” Grace had defamed other victims.
Watch this video report posted online by USA Today: