Distributing Government-Released Autopsy Photos in Controversial Case Isn’t Tortious
So the Tennessee Court of Appeals held yesterday, in Andreacchio v. Hamilton (in an opinion by Chief Judge D. Michael Swiney, joined by Judges Andy Bennett and Kenny Armstrong):
In February 2014, Plaintiffs’ son, Christian Andreacchio, died in Meridian, Mississippi. The Meridian Police Department ruled his death a suicide. However, Plaintiffs contend that their son was murdered. Plaintiffs contend further that the Meridian Police Department conducted an incompetent investigation. Plaintiffs have, among other things, participated in an audio podcast called “Culpable” and appeared on the television show “Crime Watch Daily with Chris Hansen.”
In contrast, Defendant has spoken out in support of the Meridian Police Department’s conclusion that Christian Andreacchio’s death was a suicide. Defendant created a Facebook page called “Unjustifiable” to counter Plaintiffs’ assertions. In this context, Defendant allegedly shared Christian Andreacchio’s autopsy photographs as well as some of Christian’s text messages. Both the autopsy photographs and text messages were public records released by the Mississippi Attorney General’s Office.
Plaintiffs sued for intentional infliction of emotional distress, but the court said no:
Plaintiffs … cite … Reid v. Pierce County (Wash. 1998), from the Supreme Court of Washington. In Reid, which involved multiple
Article from Reason.com
