Civil Rights & Constitutional Law
Emily Moreno invokes Ohio’s new anti-SLAPP law to seek dismissal of Congressman Max Miller’s...
May 27, 2026
Wednesday, August 12, 2026
CLEVELAND, OH – Today, Emily Moreno on behalf of her two-year-old daughter, filed a federal civil-rights lawsuit in the U.S. District Court for the Northern District of Ohio against U.S. Representative Max L. Miller, his attorney Aaron Minc, and the law firm Minc LLC, alleging that they recklessly published and distributed on the internet an unredacted nude photograph of Miller and Moreno’s daughter displaying her uncovered genitalia.
The lawsuit asserts federal claims under 15 U.S.C. § 6851 (civil action relating to disclosure of intimate images), state-law claims for civil liability for criminal acts under R.C. 2307.60, wrongful-intrusion invasion of privacy, negligence, and civil conspiracy.
The federal statute makes it illegal for anyone to disclose intimate visual depictions without consent. The term “disclose” means, the statute says, “to transfer, publish, distribute, or make accessible.” 15 U.S.C. § 6851(b)(1). Intimate visual depictions are defined to include uncovered genitals and the pubic area. 15 U.S.C. § 6851(b)(2).
According to the complaint, seeking to salvage his political reputation amid public attention regarding allegations of abusive behavior toward three women and his daughter, Congressman Miller provided a large collection of documents and media files to his attorney, Aaron Minc. On Sunday, August 2, 2026, during a live video broadcast on X (formerly Twitter) targeting Ms. Moreno, Miller distributed a link to a public Dropbox folder created and owned by Minc and his firm.
The folder contained an unredacted PDF document, the suit alleges, featuring an intimate visual depiction of the two-year-old girl, displaying her uncovered genitalia. A veteran pediatrician reviewed the photo and confirmed it depicts the child’s genitalia, contradicting Minc’s claims to the media that the child is partly clothed.
The complaint details allegations about the defendants’ reckless actions and how they enabled international public access to the intimate image:
Under 15 U.S.C. § 6851, individuals whose intimate visual depictions are disclosed without affirmative consent in interstate commerce are entitled to statutory liquidated damages of $150,000 for each disclosure and transfer, in addition to attorney fees and injunctive relief. The lawsuit also alleges civil liability for criminal acts under Ohio law, citing violations of R.C. 2907.323(A)(2) (illegal use of a minor in nudity-oriented material), attempt, and complicity.
Subodh Chandra, lead counsel for the plaintiff, issued the following statement regarding the lawsuit:
This child is an entirely innocent victim who has become collateral damage to her father’s political ambition. In a desperate attempt to keep his job and attack his ex-wife, the suit alleges, Congressman Max Miller and his attorney Aaron Minc engaged in incomprehensible recklessness by blasting to hundreds of thousands of people on the internet a nude photo showing this helpless two-year-old girl’s genitalia. Any parent—and any lawyer—knows the grave danger of posting nude photos of a toddler on the public web for pedophiles and bad actors to download. They victimized an innocent child to score political points, and we intend to hold them fully accountable under federal and state law.
The family is represented by Subodh Chandra and Emily Bohatch. The case was filed in the U.S. District Court for the Northern District of Ohio as captioned as R.M. v. Miller, Case No. 1:26-cv-01899, and the complaint is available here.
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