Invasion of private facts 380

Premises Liability is another area of San Diego Personal Injury Law.

Catsouras v Department of CHP 181 Cal.App.4th 856 (2010) (4/3) Officer anddispatcher emailed gruesome fatal accident photos w/names to third parties as Halloween prank, but photos quickly spread through the Internet.  Complaint states claims for (1) Invasion of private–disclosure of private facts.  No public interest when one crossed the line to morbid and personal prying for its own sake. (2) Intentional infliction claim stated for extreme and outrageous conduct: making photos and Internet spectacle. (3) Officer’s duty to handle human remains does not encompass a right of public disclosure of photographs of deceased person.  (4) Negligent infliction arises out of duty not to exploit gruesome photos for no public purpose.  No special relationship created between officer anddecedent or family, so no negligence duty on that ground.  (5) No claim stated for § 1983 as no clearly established constitutional right to privacy in this situation.  (6) Gov C § 821.6 immunity in absence of showing some relationship to an investigation.  Lengthy opinion w/lengthy concurring opinion. San Diego personal injury attorney.

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