Catsouras v. Department Of The Calif. Highway Patrol

181 Cal.App.4th 856 (2010)

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Nature of the Case

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Facts

Nicole was decapitated in an automobile accident. Pictures had to be taken for police records. However, they were uploaded to the internet, and many came back to the family members. Catsouras (Ps) sued asserting eight causes of action: (1) violation of section 1983 (all defendants); (2) negligence (O'Donnell and Reich); (3) negligent infliction of emotional distress (O'Donnell and Reich); (4) intentional infliction of emotional distress (O'Donnell and Reich); (5) invasion of privacy (O'Donnell and Reich); (6) negligent supervision and retention (CHP and O'Donnell); (7) tortious act or omission of public employees (Gov. Code, §§ 820, subd. (a), 820.8) (O'Donnell and Reich); and (8) vicarious liability of public entity (Gov. Code, § 815.2, subd. (a)) (CHP). Ps alleged that officers O'Donnell and Reich had e-mailed nine gruesome death images to their friends and family members on Halloween- for pure shock value. From there they were forwarded to others and thus spread across the Internet like a malignant firestorm, popping up in thousands of Web sites. Ps further alleged that Internet users at large then taunted them with the photographs, in deplorable ways. The trial court, finding no duty on behalf of O'Donnell and Reich and no basis for a title 42 United States Code section 1983 (section 1983) cause of action. This appeal resulted.