invasion of privacy claim in Alabama

13 Alabama opinions name it 2 courts 1988–2010 0 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

Case	Followed	Cited
Myrick v. Barrongreen ala · 2001 · cited in 2 Alabama opinions naming this issue, 2001–2007 2 sentences 2007Johnson, 854 So.2d at 548 ; see also Myrick v. Barron, 820 So.2d 81, 88 (Ala.2001) (on application for rehearing) (Houston, J., concurring specially and stating that "since at least 1997 [when Johnston v. Fuller, 706 So.2d 700 (Ala. 1997), was decided], the invasion-of-privacy claim based upon wrongful intrusion in Alabama has been limited to one's dwelling, papers, and private records"). 2007Johnson , 854 So.2d at 548 ; see also Myrick v. Barron , 820 So.2d 81 , 88 (Ala. 2001) (on application for rehearing) (Houston, J., concurring specially and stating that "since at least 1997 [when Johnston v. Fuller , 706 So.2d 700 (Ala. 1997), was decided], the invasion-of-privacy claim based upon wrongful intrusion in Alabama has been limited to one's dwelling, papers, and private records").	1	2
Johnston v. Fullergreen ala · 1997 · cited in 2 Alabama opinions naming this issue, 2001–2007 2 sentences 2007Johnson, 854 So.2d at 548 ; see also Myrick v. Barron, 820 So.2d 81, 88 (Ala.2001) (on application for rehearing) (Houston, J., concurring specially and stating that "since at least 1997 [when Johnston v. Fuller, 706 So.2d 700 (Ala. 1997), was decided], the invasion-of-privacy claim based upon wrongful intrusion in Alabama has been limited to one's dwelling, papers, and private records"). 2007Johnson , 854 So.2d at 548 ; see also Myrick v. Barron , 820 So.2d 81 , 88 (Ala. 2001) (on application for rehearing) (Houston, J., concurring specially and stating that "since at least 1997 [when Johnston v. Fuller , 706 So.2d 700 (Ala. 1997), was decided], the invasion-of-privacy claim based upon wrongful intrusion in Alabama has been limited to one's dwelling, papers, and private records").	1	2
Busby v. Truswal Systems Corp.green ala · 1989 · cited in 2 Alabama opinions naming this issue, 1991–1997 2 sentences 1997See also Busby v. Truswal Systems Corp., 551 So.2d 322 (Ala.1989) (reversing a summary judgment for the employer on an invasion of privacy claim when plaintiffs' supervisor had made lewd comments and sexual advances toward plaintiffs). 1997See also Busby v. Truswal Systems Corp. , 551 So.2d 322 (Ala. 1989) (reversing a summary judgment for the employer on an invasion of privacy claim when plaintiffs' supervisor had made lewd comments and sexual advances toward plaintiffs).	1	2
McIsaac v. WZEW-FM CORP.green ala · 1986 · cited in 2 Alabama opinions naming this issue, 1994–1997 2 sentences 1997See McIsaac v. Page 984 WZEW-FM Corp. , 495 So.2d 649 (Ala. 1986). 1994*See Phillips, supra; McIsaac, supra. Therefore, the summary judgment was also proper as to the invasion of privacy claim.	1	2
Phillips v. Smalley Maintenance Services, Inc.green ala · 1983 · cited in 2 Alabama opinions naming this issue, 1988–1994 2 sentences 1994See Phillips, supra; McIsaac, supra. Therefore, the summary judgment was also proper as to the invasion of privacy claim. 1988This Court, in Phillips v. Smalley Maintenance Services, Inc. , 435 So.2d 705 (Ala. 1983), recognized four distinct wrongs that have been generally accepted as comprising the invasion of privacy tort, and effectively adopted Restatement (Second) of Torts (1955) and its comments.	1	2
SB v. Saint James Schoolgreen ala · 2006 · cited in 1 Alabama opinions naming this issue, 2010–2010 1 sentence 2010See S.B. v. Saint James School, 959 So.2d 72, 90 (Ala.2006).	1	1
Philpot v. Stategreen ala · 2002 · cited in 1 Alabama opinions naming this issue, 2007–2007 2 sentences 2007We first note that in this case the trial court heard ore tenus testimony. "`[W]hen a trial court hears ore tenus testimony, its findings on disputed facts are presumed correct and its judgment based on those findings will not be reversed unless the judgment is palpably erroneous or manifestly unjust.' Philpot v. State, 843 So.2d 122, 125 (Ala. 2002). 2007We first note that in this case the trial court heard ore tenus testimony. "`[W]hen a trial court hears ore tenus testimony, its findings on disputed facts are presumed correct and its judgment based on those findings will not be reversed unless the judgment is palpably erroneous or manifestly unjust.' Philpot v. State , 843 So.2d 122 , 125 (Ala. 2002).	1	1
Dd v. Cldgreen ala · 1992 · cited in 1 Alabama opinions naming this issue, 2006–2006 2 sentences 2006"Specifically, the abuse of process claim [was] based on allegations that the third party [had] conspired with the wife to use the divorce action to establish that the husband was not the biological father of the child for the purpose of `depriving him of his . . . constitutionally protected liberty interest in his relationship with [the child]'; the invasion of privacy claim [was] based on allegations that the third party [had] `made repeated telephone calls to [the husband and wife's] residence for the purpose of interfering with [the husband's] effort to preserve the integrity of his family 2006"Specifically, the abuse of process claim [was] based on allegations that the third party [had] conspired with the wife to use the divorce action to establish that the husband was not the biological father of the child for the purpose of 'depriving him of his . . . constitutionally protected liberty interest in his relationship with [the child]'; the invasion of privacy claim [was] based on allegations that the third party [had] 'made repeated telephone calls to [the husband and wife's] residence for the purpose of interfering with [the husband's] effort to preserve the integrity of his family	1	1
Carnival Cruise Lines, Inc. v. Goodingreen ala · 1988 · cited in 1 Alabama opinions naming this issue, 2004–2004 2 sentences 2004Cf. Carnival Cruise Lines, Inc. v. Goodin, 535 So.2d 98, 101-02 (Ala.1988). 2004Cf. Carnival Cruise Lines, Inc. v. Goodin , 535 So.2d 98 , 101-02 (Ala. 1988).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
Wilma Corp. v. Fleming Foods of Alabama green ala · 1993 2 sentences 1996The evidence in this case, viewed in a light most favorable to the parents, see Wilma Corp. v. Fleming Foods of Alabama, Inc., 613 So.2d 359 (Ala.1993), suggests the following: S.E.C., who was 15 years old at the time of the broadcast in question, had a history of problems at home, including frequently running away from her home in Theodore, Alabama. 1996The evidence in this case, viewed in a light most favorable to the parents, see Wilma Corp. v. Fleming Foods of Alabama, Inc. , 613 So.2d 359 (Ala. 1993), suggests the following: S.E.C., who was 15 years old at the time of the broadcast in question, had a history of problems at home, including frequently running away from her home in Theodore, Alabama.	2	1996–1996
Johnson v. Stewart green ala · 2003 2 sentences 2007Johnson, 854 So.2d at 548 ; see also Myrick v. Barron, 820 So.2d 81, 88 (Ala.2001) (on application for rehearing) (Houston, J., concurring specially and stating that "since at least 1997 [when Johnston v. Fuller, 706 So.2d 700 (Ala. 1997), was decided], the invasion-of-privacy claim based upon wrongful intrusion in Alabama has been limited to one's dwelling, papers, and private records"). 2007Johnson , 854 So.2d at 548 ; see also Myrick v. Barron , 820 So.2d 81 , 88 (Ala. 2001) (on application for rehearing) (Houston, J., concurring specially and stating that "since at least 1997 [when Johnston v. Fuller , 706 So.2d 700 (Ala. 1997), was decided], the invasion-of-privacy claim based upon wrongful intrusion in Alabama has been limited to one's dwelling, papers, and private records").	1	2007–2007
Rosen v. Montgomery Surgical Center green ala · 2001 1 sentence 2003In Rosen , 825 So.2d at 735 , the plaintiff Rosen brought an invasion-of-privacy claim against the Montgomery Surgical Center and others (referred to collectively as "the MSC defendants") for wrongfully informing one of Rosen's coworkers of a surgical procedure she had undergone at the Center.	1	2003–2003
Nipper v. Variety Wholesalers, Inc. green ala · 1994 1 sentence 2001Nipper v. Variety Wholesalers, Inc., 638 So.2d 778 (Ala.1994).	1	2001–2001
Norris v. Moskin Stores, Inc. green ala · 1961 2 sentences 1988However, the invasion of privacy claim at issue here falls not under the two above-mentioned theories, but under the "wrongful intrusion into one's private activities" language of Smith v. Doss , 251 Ala. 250 , 37 So.2d 118 (1948), and the "intrusion upon seclusion" language adopted in Norris v. Moskin Stores, Inc. , 272 Ala. 174 , 132 So.2d 321 (1961). 1988However, the invasion of privacy claim at issue here falls not under the two above-mentioned theories, but under the "wrongful intrusion into one's private activities" language of Smith v. Doss , 251 Ala. 250 , 37 So.2d 118 (1948), and the "intrusion upon seclusion" language adopted in Norris v. Moskin Stores, Inc. , 272 Ala. 174 , 132 So.2d 321 (1961).	1	1988–1988
Smith v. Doss green ala · 1948 2 sentences 1988However, the invasion of privacy claim at issue here falls not under the two above-mentioned theories, but under the "wrongful intrusion into one's private activities" language of Smith v. Doss , 251 Ala. 250 , 37 So.2d 118 (1948), and the "intrusion upon seclusion" language adopted in Norris v. Moskin Stores, Inc. , 272 Ala. 174 , 132 So.2d 321 (1961). 1988However, the invasion of privacy claim at issue here falls not under the two above-mentioned theories, but under the "wrongful intrusion into one's private activities" language of Smith v. Doss , 251 Ala. 250 , 37 So.2d 118 (1948), and the "intrusion upon seclusion" language adopted in Norris v. Moskin Stores, Inc. , 272 Ala. 174 , 132 So.2d 321 (1961).	1	1988–1988

Statutes the citing opinions construe

AL § Ala. Code § 12-2-7 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 49 (1994–2026) TX 24 (1993–2021) OH 14 (1985–2023) AL 13 (1988–2010) FL 12 (1975–2021) MI 12 (1980–2026) GA 10 (1980–2019) PA 8 (1990–2018) WV 8 (1984–2025) CT 7 (1995–2024) LA 6 (1978–2008) WA 6 (1980–2005) MN 6 (1996–2025) WI 6 (1998–2023) IN 6 (1990–2004) CO 5 (1996–2025) IA 5 (2004–2023) NJ 4 (1994–2018) AR 4 (1979–2026) MA 4 (1997–2002) RI 3 (1996–2009) SC 3 (1993–1999) IL 3 (1986–2023) MS 3 (2005–2023) NY 3 (1973–1991) KS 3 (2004–2026) NC 2 (1991–2013) ME 2 (2013–2023) OR 2 (1989–1995) SD 2 (2003–2022) DC 2 (2002–2003) OK 2 (1987–1989) NH 2 (2002–2018) MT 2 (1982–1997) AK 2 (2018–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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