Arguments & Authorities
The movant for summary judgment has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. In deciding whether there is a disputed fact issue precluding summary judgment, evidence favorable to the non-movant will be taken as true. Every reasonable inference must be indulged in favor of the non-movant and any doubts resolved in its favor. Nixon v. Mr. Property Management Co., 690 S.W.2d 546 (Tex. 1985).
I. DEFENDANT’S MOTION FOR SUMMARY JUDGMENT SHOULD BE DENIED BECAUSE THE PICTURES POSTED ON SOCIAL MEDIA OF PLANITIFF’S GEOGRAPHICAL LOCATION OF HIS HOME AND OF PLAINTIFF SMOKING A BONG IN COLLEGE IS HIGHLY OFFENSIVE.
A person that intentionally intrudes into an individual’s solitude, seclusion, or private affairs or concerns in a manner that is highly offensive to a …show more content…
The general subject matter of a publication may be a matter of legitimate public concern. And it does not necessarily follow that all information given in the account is newsworthy. Lowe v. Hearst Communs., Inc., 487 F.3d 246 (5th Cir. Tex. 2007). Public concern is defined as something that is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public at the time of publication. Mullen v. City of Gren., 704 F. Supp. 2d 567 (N.D. Miss. 2010).
The court in Mullen, concluded an individual’s private information should not be disclosed to others if not a public concern. In Mullen, the plaintiff was at a bar and consumed several alcoholic beverages and a red bull. While drinking, the plaintiff drink was spiked with cocaine without his knowledge. The plaintiff’s job performed random drug test, to which he failed and was terminated. The plaintiff job disclosed his private information to several employees. In conclusion, the court held the plaintiff’s public disclosure rights were
The movant for summary judgment has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. In deciding whether there is a disputed fact issue precluding summary judgment, evidence favorable to the non-movant will be taken as true. Every reasonable inference must be indulged in favor of the non-movant and any doubts resolved in its favor. Nixon v. Mr. Property Management Co., 690 S.W.2d 546 (Tex. 1985).
I. DEFENDANT’S MOTION FOR SUMMARY JUDGMENT SHOULD BE DENIED BECAUSE THE PICTURES POSTED ON SOCIAL MEDIA OF PLANITIFF’S GEOGRAPHICAL LOCATION OF HIS HOME AND OF PLAINTIFF SMOKING A BONG IN COLLEGE IS HIGHLY OFFENSIVE.
A person that intentionally intrudes into an individual’s solitude, seclusion, or private affairs or concerns in a manner that is highly offensive to a …show more content…
The general subject matter of a publication may be a matter of legitimate public concern. And it does not necessarily follow that all information given in the account is newsworthy. Lowe v. Hearst Communs., Inc., 487 F.3d 246 (5th Cir. Tex. 2007). Public concern is defined as something that is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public at the time of publication. Mullen v. City of Gren., 704 F. Supp. 2d 567 (N.D. Miss. 2010).
The court in Mullen, concluded an individual’s private information should not be disclosed to others if not a public concern. In Mullen, the plaintiff was at a bar and consumed several alcoholic beverages and a red bull. While drinking, the plaintiff drink was spiked with cocaine without his knowledge. The plaintiff’s job performed random drug test, to which he failed and was terminated. The plaintiff job disclosed his private information to several employees. In conclusion, the court held the plaintiff’s public disclosure rights were