Legal Question in Civil Rights Law in California

Re: privacy violation

Thank you for your inquiry.

There are several possible grounds upon which you could initiate a lawsuit to recover money damages for the conduct you have described, some stronger than others. With respect to your inquiry regarding the 4th Amendment, the answer is no, the United States Constitution will not apply in these circumstances because the government is not the one engaging in the conduct. However, there are several possible civil claims that might apply, as set forth below:

1) Intentional Infliction of Emotional Distress. This is a tort claim which provides for money damages. In order to succeed, you must establish that the conduct engaged in was extreme and outrageous, that it was done with the intent to cause you severe emotional distress, and that the conduct did in fact cause you severe emotional distress.

2) Defamation. Defamation is also a tort claim that requires defamatory language, of or concerning you, which was published to third parties, and which caused damage to your reputation. Truth, however, is one of the defenses to a defamation claim, and so if what was said about you is true, this claim will fail.

3) There are also a host of other civil privacy claims which might apply, such as unauthorized appropriation of your picture or name (if done for commercial advantage); intrusion upon your affairs or seclusion in a manner objectionable to a reasonable person; the publication of facts placing you in a false light that would be objectionable to a reasonable person; or public disclosure of private facts about you, the disclosure of which would be objectionable to a reasonable person.

4) There may also be several other possible claims that become apparent upon hearing the details of the conduct you have described in a general fashion.

It may also be possible to seek and acquire an injunction which prevents further similar conduct by this individual. The success of any attempt to obtain an injunction will depend upon the strength of your case, the specific conduct being engaged in, the degree to which it is harming you, among other factors.

Should you wish to discuss the above, please don't hesitate to contact me personally.

Re: dirty laundry

Thanks for your posting. There are three issues you should consider here:

1. Invasion of privacy. Courts have determined over the years that people have a right �to be left alone� and infringement of that right is actionable in court.

2. Publicity concerning private facts. Publicizing facts concerning a person�s private life can be an invasion of privacy if their publicity would be highly offensive to a reasonable person. The public has no legitimate right to know about illnesses someone has suffered or details about someone�s sex life. Truth is not a defense to this type of case.

3. False light. Publicity that places a person in a false light in the public eye can be an invasion of privacy if that false light would be highly offensive to a reasonable person. Signing a person�s name to a public letter without his consent is an example of this form of invasion of privacy. Because of the overlap between this form of invasion of privacy and defamation and the obvious First Amendment issues at stake, defendants in false light cases enjoy constitutional protection similar to that enjoyed by defamation defendants.

You have also asked for the penalties. The above areas of law are civil. You didn't mention specifics, but there may be crimes committed also, which have their own penalties. In civil court, you are normally limited to your actual (out of pocket) damages, plus perhaps punitive or special damages, so how much such a case is valued at is a question of how much in damages have occured, or how badly this has affected you.

Thanks, and if you have any further questions or want more information, please feel free to call my office at 1-877-568-2977, or email me a response.