is the dead boys mother.
Tribune staffers photographed her son, Calvin Green, while he was
undergoing emergency treatment at Cook County Hospital for a bullet
Tribune never asked plaintiff's permission to photograph Calvin.
he son died the reporter asked the mother for a statement and she
Meanwhile, Tribune staffers entered the private hospital room and took
further unauthorized photographs of Calvin.
photographing Calvin, they prevented plaintiff from entering the room.
to dead son
plaintiff did enter the room, the Tribune staffers listened to her
statements to Calvin.
into Calvin's room;
photographed Calvin without plaintiff's consent;
prevented plaintiff from entering Calvin's room while the
Tribune took photographs of him;
on plaintiff's statements to Calvin;
Published on January 1 the front-page article containing quotes from
plaintiff's statements to Calvin and the photograph of Calvin lying
Published a photograph on January 3 of Calvin undergoing medical
Dismissed plaintiff's action pursuant to section 2-615 of the Code of
Public Disclosure of Private Facts Element
disclosure of private facts is one branch of the tort of invasion of
privacy. To state a cause of action for the public disclosure of private
facts, plaintiff must plead
(1) the defendant
gave publicity; (Tribune gave publicity)
(2) to her
private, not public, life;
(3) the matter
publicized was highly offensive to a reasonable person; and
(4) the matter
publicized was not of legitimate
Appellant Court (Publicity Analysis)
satisfied the publicity element
Appellant Court (Private, Not Public Life Analysis)
said the statement was made aloud in a public place.
disagree. The Pl clearly pleads that Calvin was in a private room.
general public had not right to resort in Calvins hospital room nor had
Public Place (def)
a place to which the general public has the right to resort.
Appellant Court (Spoke In Front Of Her Son Analysis)
told reporters she did not wish to make a statement regarding sons
think a jury could find that the Pl put the Df on notice not to disclose
statements made to son in the hospital room.
Tribune Damages Arg
The Pl -
seeks to recover damages for the invasion of privacy of her son, and not
Appellant Court (Jan 3 Medical Treatment Photograph)
publication never mentions the PL and thus does not invade her privacy.
invasion of privacy must be dismissed.
Highly Offensive Conduct Elements
Context, conduct and circumstances surrounding the intrusion
Intruder's motives and objectives,
Setting into which he intrudes
Expectations of those whose privacy is invaded.
Appellant Court (Highly Offensive Analysis)
January 1 will only be examined, because January 3 was dismissed.
Could Differ and Find That:
Tribune's publication was not about an ordinary daily activity or
incident in plaintiff's life.
publication concerned an extraordinarily painful incident in plaintiff's
the Tribune's publication was not a minor or moderate annoyance,
Tribune staffers prevented plaintiff from seeing Calvin while taking
unauthorized statements of the plaintiff's grief-stricken last words to
could find these facts to be publication highly offensive to a
Appellant Court (matter publicized was highly offensive to a reasonable
says the question is whether photographs of her son and her statements
are of legitimate public concern.
says the article was about death tools from guns and gangs and it was of
public concern. The statement gives an identity and a voice to the
victims of violence.
says the article did not need to report on attempts to revive, opening
his chest, Pl - statements to son, or his photograph to convey suffering
from gang violence.
Appellant Court ( Matter of public concern)
must take into account customs and conventions of the community.
to be draw between what the public is entitled to and morbid prying that
a reasonable and descent member of the public would say he had no
could find that a reasonable member of the public has
no concern with the statements a
grieving mother makes to her dead son, or with what he looked
like lying dead in the hospital, even though he died as the result of a
(does not state a cause of action for the January 3, 1993, publication)
and Reversed in part (does states
a cause of action for public disclosure of private facts with respect to
the January 1, 1993)
shows us the other argument for tests purposes!!!)
Affirms the trial court, but disagrees with the reasoning of the
first four allegations have nothing to do with the tort of public
disclosure of private facts.
thinks it has to with unreasonable seclusion of another.
restatement adopted Dean Prossers writing that treats the publication
of private facts and seclusion as separate torts. Almost all state and
federal courts follow the restatement.
If Photograph was
taking on the street and his mothers words were recorded
would be a public concern
and his mother were tragic involuntary public figures in a story of grim
but legitimate public interest is self-evident. The alleged intrusion
cannot change their status or diminish the newsworthiness of the story.
Giving publicity to
the private life
jury is not called upon to decide what is "highly offensive" until a
court has determined that the matter is first, private, and second,
New York Times Co.
right of privacy must give way when balanced against the publication of
matters of public interest to insure the "uninhibited, robust and
wide-open" discussion of legitimate public issues.