Legal Question in Administrative Law in California

At work, someone dug up my police record and mug shot and shared it with coworkers. What are my rights or has my privacy right been violated?


Asked on 8/10/15, 8:38 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Libel and slander traditionally require making a "false and defamatory" statement about the plaintiff. Establishing an actionable tort when the essence is that the defendant made true but malicious and harmful statements is somewhat more difficult, requiring, I believe, proof of actual malice, i.e., an intent to do harm to the plaintiff. If the defendant was only doing a civic duty or giving a fair warning, there's nothing actionable, but if the prospective defendant intended to cause pain and embarrassment or undermine plaintiff's community standing, a suit for damages may be successful. See a "torts" lawyer who handles defamation cases; your case is a recognized subtype and if you can show malicious intent and damages, I'd say you have a good case.

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Answered on 8/10/15, 11:25 pm


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