Legal Question in Civil Litigation in California

Intrusion of Privacy

Because I'm in the military and any one can report to my command if they see I was acting/conducting myself unbecoming of an officer. Do I have any recourse if someone reported me base their own observation not facts as to my true circumstances accusing me for having an affiar? This person ruined my reputation at work the instance my command was notified of potential conduct. It's all untrue. It's one of those situatuion where neighbors should mine their own business. What I do in my personal life in my business and should stay that way. Do I have any recourse to this person for intruding on my life?


Asked on 4/24/02, 6:24 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Intrusion of Privacy

The slander may be actionable as imputing immoral behavior. It depends upon the exact statement made and whether or not a privilege may apply. Is your neighbor also in the military? Please call me directly at (619) 222-3504.

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Answered on 4/25/02, 1:29 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Intrusion of Privacy

You may sue your neighbor for defamation, provided the information was false. Please know that the truth is a complete defense, so be careful.

Also, you may sue the offender for an invasion of your privacy. The following will perhaps clarify if you have a cause of action in tort.

Intrusion Upon your Affairs or Seclusion

The act of prying or intruding must be objectionable to a reasonable person. Further, the thing into which there is an intrusion must be "private." For example photographs taken in public places are not actionable.

Publication of Facts Placing You in False Light

"False Light" exists where one attributes to you views you do not hold or actions you did not take. The false light must be something objectionable to a reasonable person under the circumstances. For liability to attach there must be publicity.

Public Disclosure of Private Facts About You.

This wrong involves public disclosure of private information about you (i.e., matters of public record are not sufficient.) The public disclosure must be objectionable to a reasonable person of ordinary sensaibilities. Liability may attach even though the actual statement is true. First Amendment limitations probably apply if the matter is of legitimate public interest.

Call your lawyer for more thorough analysis of your case or call us at (323)782-0099. Good luck.

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Answered on 4/24/02, 9:44 pm


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