From an ethical standpoint I would say no. These photos are this persons property and we do not have permission to use them. I see where this could become a legal issue with them suing for defamation.
However, I believe also that in a court of law your case would stand up as this person put this photo online and clicked user agreements. Many of us have been warned about what we post online and this is almost a form of Karma. If under the photo we say taken from John Does Facebook page. this could stand up on a legal side however I must stick by my guns, that taking the photo without permission and without knowing the context is unethical!
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