Plaintiff's Sec. 1983 Claims Against Media Actors Fail
Anderson v. Suiters, --- F.3d ----, 2007 WL 2421765 (10th Cir. August 28, 2007)
After discovering a videotape of the act, Plaintiff reported her husband raped her when she was unconscious. She gave the video to police, who disclosed it to the media, and the media aired part of the tape without Plaintiff’s permission. She brought 1983 claims against the cop, and the media, claiming in part invasion of privacy.
For Plaintiff’s claims arising under the federal constitution and § 1983 to survive, her right to privacy claim against the media defendants must allege that, even though private, they should be considered state actors. Her allegations were inadequate to meet the test.
After discovering a videotape of the act, Plaintiff reported her husband raped her when she was unconscious. She gave the video to police, who disclosed it to the media, and the media aired part of the tape without Plaintiff’s permission. She brought 1983 claims against the cop, and the media, claiming in part invasion of privacy.
For Plaintiff’s claims arising under the federal constitution and § 1983 to survive, her right to privacy claim against the media defendants must allege that, even though private, they should be considered state actors. Her allegations were inadequate to meet the test.
posted by Anonymous at 11:16 AM
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