A gay Hispanic Tiktoker has filed suit against other Tiktok users and Los Angeles County, demanding at least $3 million because he claims the county wrongly took away a foster child after other Tiktok users posted videos criticizing him for posting "risque" videos on the social media app alongside others featuring the child, allegedly accusing him of using the child as a "prop" to drive traffic to his channel.
Plaintiff Daniel Alvarez filed a lawsuit against defendants, including Los Angeles County, the Los Angeles County Children and Family Services (LACFS), and fellow TikTok user Catie Reay. The suit alleges that his foster child was unjustly removed from his care due to online criticism of his "risque" videos.
Alvarez, represented by attorney Angela Swan, of Torrance, argues that the county acted improperly in response to videos posted by other users on the platform. These videos accused him, in part, of using his foster child as a "prop" to drive traffic to his channel.
Angela Swan
| Law Offices of Angela Swan
The lawsuit was filed in the U.S. District Court for the Central District of California on Feb. 7.
According to the complaint, Alvarez was a licensed foster parent who took in a white baby boy named Jacob earlier in 2023. The complaint asserted he posted Tiktok videos that he claimed shared his journey into fatherhood on TikTok. The videos allegedly showed him caring for Jacob.
Those videos also appeared on a Tiktok account on which he posted more risqué content featuring himself alone.
Those videos drew attention from other Tiktok users, including an account known as Nightfall and from Reay, both of whom criticized Alvarez.
According to the complaint, this led to LACFS removing the boy from Alvarez's care and removing his ability to host foster children.
His lawsuit accuses Reay and Nightfall of defamation, and violations of his rights against the government defendants.
Alvarez is seeking damages of at least $3 million from the defendants.