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Invasion of Privacy by a State Employee

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  • 11-19-2010, 10:56 AM
    psu71
    Invasion of Privacy by a State Employee
    My question involves injury or loss that occurred in the state of: Ohio
    First I should say in 2005 I was incarcerated in a correctional facility for assault charges. I did my time, regret my mistakes and have moved on with my life. 11 months ago I met a wonderful woman and we are happy. As chance would have it, her ex-husband works in another correctional facility and recently found out about my past incarceration. He proceeded to download and print internal, private information about me and distribute it to the public. Information that is not afforded to the public such as my visitation list with my family and friends names and addresses, Ohio Bureau of Investigation data that is only available to law enforcement, etc. The correctional facility has started an internal investigation and agree that this information shouldn't have been shared. I'm wondering if I have grounds for a lawsuit and other recourse. I read online about a similar incident in another state where the Corrections officer is being charged with unlawful use of a computer, unlawful duplication, computer trespass and disorderly conduct.
  • 11-21-2010, 07:10 AM
    Mr. Knowitall
    Re: Invasion of Privacy by a State Employee
    Have you suffered any damages as a result of the disclosure? You are free to consult a personal injury lawyer about possible litigation, but absent any damages it's questionable whether it would be worth the cost of litigating the case. You can discuss any mental anguish-type claims with the lawyer you consult; you haven't shared any information with us in that regard.
  • 11-22-2010, 12:15 AM
    KeyWestDan
    Re: Invasion of Privacy by a State Employee
    You would have to look into your state law. Generally, what he did would be illegal, but getting the state to prosecute a correctional officer is another matter. If he was prosecuted, you'd certainly have a stronger civil case.

    If there is a viable civil case is another matter. It is not libel per se, it is libel per quod, which means you would have to prove actual damages. It is not like you are being wrongly accused of having a criminal record. Not really sure how the information released damages you to a degree that you can convince a jury. Is the jury going to care? Will they like you? There are many things involved in a civil action.

    I doubt you will find an attorney to take the case on contingency, and I would guess you don't have 50k sitting around to spend on counsel to prove a point.

    Yes, it is invasion of privacy, but all the above issues apply.
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