18 Apr Are Topless Photos Worth $50,000,000?
Nutshell version: while a cadet, a superior officer convinces her to let him take risque photos, which he promises will only be used for official business in investigating sexual predators. While she should have been tipped off when he claimed he was storing them on a 3 1/2″ floppy disk in 2004, not 1994, she nevertheless consented. Lo, and behold! He shared the photos and hit on her. She claims defamation of character, IIED, and some nebulous respondeat superior breach of duty claim. Umm, who blew the Title VII sexual harassment deadline? Or, heck, how about a 1983 claim? I see no immunity defense, so that should have been pleaded.
Maybe the attorney came on late and wants to stay in state court, so I’ll give the benefit of the doubt, but I’m not buying the $50m damages.
Sometimes, I think the courts should create a new defense of “Really? You really thought that? Really?” Yes, he took advantage of her and acted inappropriately, but she should have seen this coming.