Ammarell v. France

2018 WL 2843441 (2018)

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Nature of the Case

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Facts

On February 25, 2012, Summer (W) married Ryan Ammarell (H) in Alabama. W's marriage was one of genuine love and affection. The couple had a child and H owned a business in Mecklenburg, North Carolina, where he frequently traveled to from his home in Alabama. In December 2015, H met Megan France (D) and began to forge a second life, resulting in an affair. In May of 2016 when D called W and described the sexual relationship she had established with H and proved it with pictures and texts. D had everything planned out. D removed her birth control device, purchased a residence and car for H to use when in North Carolina. D offered a total of $1,000,000 to H to leave W and contemplated offering another $100,000 to W if she was willing to walk away from her marriage. H suffered a mental breakdown which triggered domestic violence and W sought primary custody of their child in Alabama. W seeks redress for the damage D caused. W sued under the common law causes alienation of affection and criminal conversation. D defends by claiming they are unconstitutional as they target her liberty interests in engaging in private consensual sexual conduct and violate her First Amendment rights to free speech and freedom of association. D moved to dismiss. The Court assigned D's Motion to Dismiss to a Magistrate Judge for 'proposed findings of fact and recommendations.' The Magistrate recommended denying the motion and D objected.