Galella v. Onassis

487 F.2d 986 (2nd Cir. 1973)

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Nature of the Case

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Facts

Galella (P) was a photographer who took pictures of Jacqueline Kennedy Onassis (D) and her children John and Caroline. Three Secret Service agents were assigned to the protection of D’s children under 18 U.S.C. 3056. P fancies himself as a paparazzo. After his arrest, detention, and acquittal for a biking incident, P sued for false arrest and malicious prosecution. P was obnoxious in his efforts to photograph. On one occasion, he jumped out into John's bicycle path as he was riding, causing secret service agents to be concerned for John's safety. On other occasions, he interrupted Caroline at tennis and invaded the children's private schools. He came uncomfortably close in a powerboat to D while she was swimming. He bribed people at an apartment house, at restaurants and nightclubs, and romanced a family servant to keep him advised of the movements of the family. P was arrested and to his action against the three agents. In reply to his lawsuit, D answered and denied any role in the arrest or any part in the claimed interference with his attempts to photograph her and D sued for damages and injunctive relief on her claim that P had invaded her privacy, assaulted and battered her, intentionally inflicted emotional distress and engaged in a general campaign of harassment. The claims against the agents were dismissed as they were acting within the scope of their authority. The court found P guilty of harassment, intentional infliction of emotional distress, assault and battery, commercial exploitation of D's personality, and invasion of privacy. The court enjoined P from following, being a certain distance from, using names or pictures, and attempting to communicate with D or her children. P was enjoined from (1) keeping D and her children under surveillance or following any of them; (2) approaching within 100 yards of the home of D or her children, or within 100 yards of either child's school or within 75 yards of either child or 50 yards of D; (3) using the name, portrait or picture of D or her children for advertising; (4) attempting to communicate with D or her children except through D's attorney. P’s claims were dismissed. P appealed.