COMPLAINT FOR FALSE LIGHT INVASION OF PRIVACY

IN THE [____] COURT OF [________________________________]

COUNTY OF [________________________________]

Case No.: [________________________________]

COMPLAINT FOR FALSE LIGHT INVASION OF PRIVACY

[________________________________]
Plaintiff,

v.

[________________________________]
Defendant(s).

I. INTRODUCTION

1. This is an action for false light invasion of privacy arising from Defendant's publication of information that placed Plaintiff in a false light before the public. The publication was highly offensive to a reasonable person and was made with knowledge of or reckless disregard for the falsity of the publicized matter and the false light in which Plaintiff would be placed.

II. PARTIES

2. Plaintiff [________________________________] ("Plaintiff") is an individual residing at [________________________________], City of [________________________________], County of [________________________________], State of [________________________________].

3. Plaintiff is a living person with a right to privacy.

4. Defendant [________________________________] ("Defendant") is:
   - ☐ An individual residing at [________________________________]
   - ☐ A corporation organized under the laws of [________________________________], with its principal place of business at [________________________________]
   - ☐ A media organization doing business at [________________________________]
   - ☐ Other entity: [________________________________]

5. The true names and capacities of Defendants sued herein as DOES 1 through [____] are unknown to Plaintiff.

III. JURISDICTION AND VENUE

6. This Court has subject matter jurisdiction because the amount in controversy exceeds $[________________________________], exclusive of interest and costs.

7. This Court has personal jurisdiction over Defendant because:
   - ☐ Defendant resides in this jurisdiction
   - ☐ Defendant conducts business in this jurisdiction
   - ☐ The false light publication was made in this jurisdiction
   - ☐ The publication was distributed to residents of this jurisdiction
   - ☐ Plaintiff suffered injury in this jurisdiction
   - ☐ Other: [________________________________]

8. Venue is proper in this Court pursuant to [________________________________].

IV. FACTUAL ALLEGATIONS

A. Background

9. Plaintiff is:
   - ☐ A private individual
   - ☐ A limited purpose public figure for the limited purpose of [________________________________]
   - ☐ A public figure
   - ☐ A public official

10. Prior to the events described herein, Plaintiff enjoyed a reputation in the community for [________________________________].

11. The relationship between Plaintiff and Defendant, if any, was: [________________________________]

B. The Publication

12. On or about [__/__/____], Defendant published the following information concerning Plaintiff:

Publication Details:

Title/Headline: [________________________________]

Author: [________________________________]

Date of Publication: [__/__/____]

Medium:
- ☐ Newspaper/Magazine: [________________________________]
- ☐ Online article: [________________________________]
- ☐ Television/Radio broadcast: [________________________________]
- ☐ Book: [________________________________]
- ☐ Social media (Platform: [________________________________])
- ☐ Other: [________________________________]

URL (if applicable): [________________________________]

C. Content of the Publication

13. The publication contained the following statements, assertions, implications, or depictions concerning Plaintiff:

Content Item 1:

"[________________________________]"

Content Item 2 (if applicable):

"[________________________________]"

Content Item 3 (if applicable):

"[________________________________]"

14. The publication also included the following visual elements:
    - ☐ Photograph(s) of Plaintiff
    - ☐ Video of Plaintiff
    - ☐ Illustration or drawing depicting Plaintiff
    - ☐ Other visual content: [________________________________]

D. The False Light

15. The publication placed Plaintiff in a false light by:

☐ Direct False Statements: Making statements about Plaintiff that are false, specifically:
[________________________________]

☐ False Implication: While individual facts may be accurate, the publication as a whole creates a false and misleading impression about Plaintiff, specifically:
[________________________________]

☐ Omission of Material Facts: Omitting facts that, if included, would have prevented the false impression, specifically:
[________________________________]

☐ Misleading Juxtaposition: Placing true statements in a context that creates a false impression, specifically:
[________________________________]

☐ False Attribution: Falsely attributing to Plaintiff beliefs, opinions, statements, or conduct that Plaintiff does not hold or did not make, specifically:
[________________________________]

☐ Distortion: Presenting facts in a distorted or exaggerated manner that creates a false impression, specifically:
[________________________________]

☐ Fictionalization: Adding fictional elements to a story about Plaintiff that creates a false impression, specifically:
[________________________________]

16. The false light in which Plaintiff was placed was as follows:

The publication falsely portrays Plaintiff as: [________________________________]

The truth is: [________________________________]

E. Publicity

17. The publication was made to the public at large or to a large number of persons, specifically:
    - ☐ Published in [________________________________] with circulation of approximately [________________________________]
    - ☐ Posted online with access by approximately [____] viewers/readers
    - ☐ Broadcast to an audience of approximately [________________________________]
    - ☐ Distributed to: [________________________________]

18. The term "publicity" in false light claims requires more than the limited publication required for defamation; it requires communication to the public at large or to so many persons that the matter is substantially certain to become public knowledge.

19. The publication meets this standard because: [________________________________]

F. Highly Offensive to a Reasonable Person

20. The false light in which Plaintiff was placed would be highly offensive to a reasonable person because:

☐ The false portrayal is so shocking as to offend the community's sense of decency
☐ The false portrayal exposes Plaintiff to public ridicule or contempt
☐ The false portrayal attributes to Plaintiff conduct or beliefs that are widely condemned
☐ The false portrayal significantly misrepresents Plaintiff's character, beliefs, or conduct
☐ Other: [________________________________]

21. Specifically, the false light is highly offensive because: [________________________________]

22. A reasonable person in Plaintiff's position would find it highly objectionable to be portrayed in this manner because: [________________________________]

G. Defendant's Fault

23. Defendant published the information with knowledge of or reckless disregard for:
    - ☐ The falsity of the publicized matter
    - ☐ The false light in which Plaintiff would be placed

24. For Private Figure Plaintiff: Defendant acted with at least negligence in:
    - ☐ Failing to verify the accuracy of the published information
    - ☐ Failing to investigate before publication
    - ☐ Relying on unreliable sources
    - ☐ Disregarding available information that contradicted the publication
    - ☐ Other: [________________________________]

25. For Public Figure/Official Plaintiff: Defendant acted with actual malice because:
    - ☐ Defendant knew the publication was false or misleading
    - ☐ Defendant had serious doubts about the truth of the publication
    - ☐ Defendant recklessly disregarded evidence of falsity
    - ☐ Defendant deliberately created a false impression
    - ☐ Other: [________________________________]

26. Evidence of Defendant's fault includes: [________________________________]

V. FIRST CAUSE OF ACTION: FALSE LIGHT INVASION OF PRIVACY

27. Plaintiff incorporates by reference all preceding paragraphs.

28. Defendant gave publicity to a matter concerning Plaintiff that placed Plaintiff before the public in a false light.

29. The false light in which Plaintiff was placed would be highly offensive to a reasonable person.

30. Defendant had knowledge of or acted in reckless disregard as to:
    a. The falsity of the publicized matter; and
    b. The false light in which Plaintiff would be placed.

31. All elements of the false light tort are satisfied:

VI. SECOND CAUSE OF ACTION: DEFAMATION

(Alternative/Additional Claim)

32. Plaintiff incorporates by reference all preceding paragraphs.

33. To the extent the publication contains false statements of fact that are defamatory, Plaintiff also asserts a claim for defamation.

34. The defamatory statements are: [________________________________]

35. These statements are false in that: [________________________________]

36. These statements injured Plaintiff's reputation by: [________________________________]

VII. THIRD CAUSE OF ACTION: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

(Alternative/Additional Claim)

37. Plaintiff incorporates by reference all preceding paragraphs.

38. Defendant's conduct in publishing the false light material was extreme and outrageous.

39. Defendant's conduct was intentional or reckless.

40. Defendant's conduct caused Plaintiff severe emotional distress.

41. Plaintiff suffered actual and severe emotional distress as described below.

VIII. DAMAGES

42. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered substantial damages:

A. Emotional and Mental Anguish

43. Plaintiff has suffered severe emotional and mental anguish, including:
    - ☐ Humiliation and embarrassment
    - ☐ Loss of dignity
    - ☐ Anxiety and depression
    - ☐ Damage to personal feelings
    - ☐ Mental suffering
    - ☐ Physical manifestations of emotional distress: [________________________________]

44. Unlike defamation, which protects reputation, false light protects the plaintiff's right to be let alone and not have their persona misrepresented.

B. Damage to Reputation

45. Although false light primarily protects dignity interests, Plaintiff has also suffered reputational harm:
    - ☐ Loss of standing in the community
    - ☐ Damage to personal relationships
    - ☐ Damage to professional relationships
    - ☐ Other: [________________________________]

C. Economic/Special Damages

46. Plaintiff has suffered the following specific economic losses:
    - ☐ Lost income: $[________________________________]
    - ☐ Lost business opportunities: $[________________________________]
    - ☐ Medical/counseling expenses: $[________________________________]
    - ☐ Other pecuniary losses: $[________________________________]

D. Punitive/Exemplary Damages

47. Defendant's conduct warrants punitive damages because:
    - ☐ Defendant acted with actual malice
    - ☐ Defendant acted with knowledge of the false light
    - ☐ Defendant's conduct was willful and wanton
    - ☐ Defendant acted with reckless disregard for Plaintiff's rights

48. Evidence supporting punitive damages: [________________________________]

IX. INJUNCTIVE RELIEF

49. Plaintiff is entitled to injunctive relief because:
    - ☐ Monetary damages cannot adequately compensate for ongoing harm
    - ☐ The publication continues to be accessible to the public
    - ☐ Defendant may republish or continue to distribute the false light material

50. Plaintiff seeks:
    - ☐ Removal of the publication from all platforms
    - ☐ Injunction against further publication
    - ☐ Order requiring corrective publication
    - ☐ Other: [________________________________]

X. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendant as follows:

1. For compensatory damages for emotional distress, mental anguish, and injury to dignity in an amount to be proven at trial;

2. For damages for injury to reputation in an amount to be proven at trial;

3. For special damages in the amount of $[________________________________];

4. For punitive and exemplary damages in an amount sufficient to punish Defendant and deter similar conduct;

5. For preliminary and permanent injunctive relief:
   a. Ordering Defendant to remove the false light publication;
   b. Enjoining Defendant from further publication of false light material about Plaintiff;
   c. Ordering Defendant to publish a correction;

6. For pre-judgment and post-judgment interest;

7. For costs of suit;

8. For reasonable attorney's fees as allowed by law;

9. For such other and further relief as the Court deems just and proper.

XI. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable.

DATED: [__/__/____]

Respectfully submitted,

_________________________________
[________________________________]
Attorney for Plaintiff

Bar Number: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

VERIFICATION

STATE OF [________________________________]
COUNTY OF [________________________________]

I, [________________________________], declare:

I am the Plaintiff in the above-entitled action. I have read the foregoing Complaint and know its contents. The matters stated therein are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true.

I declare under penalty of perjury under the laws of the State of [________________________________] that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________].

_________________________________
Plaintiff Signature

EXHIBITS

☐ Exhibit A: Copy of Publication
☐ Exhibit B: Evidence of False Light
☐ Exhibit C: Evidence of Defendant's Fault
☐ Exhibit D: Evidence of Damages
☐ Exhibit E: Other: [________________________________]

STATE-SPECIFIC NOTES

Important: State Recognition of False Light

Not all states recognize false light claims. Before filing, verify that the applicable jurisdiction recognizes this tort.

States that DO NOT recognize false light claims include:
- Colorado
- Florida (limited)
- Massachusetts
- Minnesota
- Missouri
- New York
- North Carolina
- Ohio (limited circumstances)
- Texas
- Virginia
- Wisconsin

States that DO recognize false light claims include:
- California
- Illinois
- New Jersey
- Pennsylvania
- And many others

California

• False light recognized under common law
• CACI Jury Instruction No. 1802
• One-year statute of limitations
• Anti-SLAPP statute may apply

Illinois

• False light recognized
• Actual malice required for public figures
• One-year statute of limitations

New York

• Does NOT recognize false light as separate from defamation
• Consider filing defamation claim instead

Texas

• Does NOT recognize false light
• Consider filing defamation claim instead

DISTINCTION FROM DEFAMATION

SOURCES AND REFERENCES

• False Light - Legal Information Institute
• False Light Invasion of Privacy - Shouse Law
• CACI No. 1802 - Justia
• False Light - Digital Media Law Project