itsjustme
Posts: 2727
Joined: Sun Apr 25, 2004 6:58 pm

Should This Family Be Compensated By The CHP?

Wed Aug 27, 2008 12:31 am

http://www.ocregister.com/articles/c...s-nikki-family-2137164-chp-lawsuit

When Christos Catsouras arrived at the horrific accident scene, his 18-year-old daughter pinned somewhere in the crumpled remains of his black Porsche, officers from the California Highway Patrol kept him behind the police tape.

Later, when officers drove from the crash site on the 241 toll road in Lake Forest to his home in Ladera Ranch, Catsouras asked of his daughter Nikki, “Did she get hurt?''

“She's unidentifiable,” a CHP officer told him, according to his account. “You can't see her body.”

Days later, at the click of a computer mouse, strangers from around the world were able to see, in high-resolution color, graphic pictures of Nikki's decapitated remains — the result, the CHP later admitted, of two employees improperly leaking the images onto the Internet.

Today, in a continuing saga that has garnered national attention, lawyers for the Catsouras family filed an appeal in the 4th District Court of Appeal in Santa Ana. The family seeks to overturn a judge's dismissal in March of their civil lawsuit against the CHP and two dispatchers.


This story is in my neck of the woods and has been on-going for close to 2 years now. Read about it and tell me what you think - should the CHP be held monetarily accountable for the leaking of the photos to the public? For what it's worth, I say no. The crash occurred on a public road in public view and there was no expectation of privacy. The two department employees who were responsible for leaking the photos were disciplined and that's where it should end. Yes, what has happened to the family is tragic but, again, the photos were not theirs in the first place.
 
N1120A
Posts: 26467
Joined: Sun Dec 14, 2003 5:40 pm

RE: Should This Family Be Compensated By The CHP?

Wed Aug 27, 2008 12:43 am



Quoting Itsjustme (Thread starter):
Read about it and tell me what you think - should the CHP be held monetarily accountable for the leaking of the photos to the public? For what it's worth, I say no. The crash occurred on a public road in public view and there was no expectation of privacy.

They cited significant authority to the contrary of your position. The issue is that the family of a dead person has a certain privacy interest in photographs of their deceased family member, and the courts have said that applies across the board.
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alfa75
Posts: 488
Joined: Mon May 16, 2005 11:27 am

RE: Should This Family Be Compensated By The CHP?

Wed Aug 27, 2008 3:47 am

I don't know about the CHP but I think the employees should be fired.
The best things in life aren't things!
 
itsjustme
Posts: 2727
Joined: Sun Apr 25, 2004 6:58 pm

RE: Should This Family Be Compensated By The CHP?

Wed Aug 27, 2008 3:28 pm



Quoting N1120A (Reply 1):
They cited significant authority to the contrary of your position

I'm not sure who the "they" are you are referring to but an Orange County Superior Court judge has already ruled against the family.

Quoting N1120A (Reply 1):
the courts have said that applies across the board.

Perhaps you can provide some substantiation for this statement? Again, the court has already made a ruling which is being appealed.

Quoting Alfa75 (Reply 2):
I don't know about the CHP but I think the employees should be fired.

I agree. It's possible one of them was fired as all the CHP is saying is that he no longer works for their department.
 
N1120A
Posts: 26467
Joined: Sun Dec 14, 2003 5:40 pm

RE: Should This Family Be Compensated By The CHP?

Thu Aug 28, 2008 1:27 am



Quoting Itsjustme (Reply 3):

I'm not sure who the "they" are you are referring to but an Orange County Superior Court judge has already ruled against the family.



Quoting Itsjustme (Reply 3):

Perhaps you can provide some substantiation for this statement? Again, the court has already made a ruling which is being appealed.

The family cited case law that goes above that O.C.S.C. Judge's authority.
Mangeons les French fries, mais surtout pratiquons avec fierte le French kiss

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