Joseph Thompson v. Thrifty Payless Inc. dba Rite Aid
Published: Nov. 5, 2002 | Result Date: Sep. 18, 2002 | Filing Date: Jan. 1, 1900 |Case number: VC037471 Bench Decision – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Daniel M. Holzman
(Caskey & Holzman)
Defendant
Kevin T. Dunbar
(Dunbar & Associates APLC)
Facts
The plaintiff filed a complaint for damages in which he alleged invasion of privacy and intentional infliction of
emotional distress against the defendant stemming from an incident that occurred on or about Sep. 30, 2001.
The plaintiff took a disposable camera to the photography department of the Rite Aid Pharmacy located on
Comstock Avenue in Whittier.
When the film inside the camera was developed, it revealed several pictures of the plaintiff, posing among a
number of mature marijuana plants and in many of the photographs the plaintiff was photographed with his
arm around one of the plants. The quantity of the marijuana depicted in the photographs prompted Rite Aid
employees to notify local law enforcement officers of what they perceived to be a criminal act in progress.
The law enforcement officers took possession of the photographs and used them to track
down the plaintiffÆs residence. The plaintiff was arrested and charged with violating Health and
Safety Code, Section 11358, which makes it a crime to cultivate, process or harvest marijuana.
Settlement Discussions
The plaintiff's attorney had no firm demand but indicated that settlement could be obtained in the five figure range.
Injuries
Invasion of privacy resulting in criminal incarceration and prosecution.
Other Information
At the time of the plaintiffÆs arrest, there was some significant local news coverage where the photographs were released by the police which showed the plaintiffÆs marijuana grove. In a subsequent newspaper story, the plaintiff explained that he was planning to submit the photographs to a pro-marijuana cultivation magazine. Clearly, with this admission, there was no expectation on behalf of the plaintiff to keep the information private.
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