Dzamko v. Dossantos - No. CV136027575, 2013 Conn. Super. LEXIS 2372 (Super. Ct. Oct. 23, 2013)

Rule:

The state's highest court has adopted the false light form of the more general tort of invasion of privacy. A false light invasion of privacy occurs if: (a) the false light in which the other was placed would be highly offensive to a reasonable person, and (b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.

Facts:

Defendant, Joseph C. Dossantos, used plaintiff’s images in sexually explicit conversations with girls. Defendant sent plaintiff’s photographs to a detective posing as a 14-year-old girl on an Internet dating site. Plaintiff, together with his wife, commenced an action, alleging a claim for false light invasion of privacy. Defendant filed a Motion to Strike, alleging that the counts failed to state claims upon which relief can be granted. 

Issue:

Did the plaintiff’s complaint state a claim for false light invasion of privacy?  

Answer:

Yes.

Conclusion:

The court denied defendant’s motion to strike, holding that the plaintiff stated a claim for false light invasion of privacy by alleging that defendant, a sexual predator, sent plaintiff’s photo to a detective posing as a 14-year-old girl on an Internet dating site. According to the court, the false light in which the plaintiff was placed would be highly offensive to a reasonable person since the context in which the photograph was sent made it appear to a reasonable person that the plaintiff was a sexual predator, even though the photographs were not themselves sexual in nature. Moreover, the defendant had knowledge of the falsity of the publicized matter and the false light in which the plaintiff would be placed as he deliberately pilfered the plaintiff's images and sent them to numerous females in a highly sexual and unsavory context; the defendant knew the images were not himself and was fully aware of the context in which the images were being transmitted.