Opinion

Penwell v. Taft Broadcasting Co.

  • 13 Ohio App. 3d 382
  • 13 Ohio B. 466
  • 469 N.E.2d 1025
  • 10 Media L. Rep. (BNA) 1550
  • 1984 Ohio App. LEXIS 11214
Court
Ohio Court of Appeals
Filed
Mar 19, 1984
Status
Published
Author
Hendrickson
On the bench
Koehler, Jones, Hendrickson
Cited by
17 cases

broadcast of videotape of plaintiffs arrest does not constitute publication of private facts

How later courts described this case

  • broadcast of videotape of plaintiffs arrest does not constitute publication of private facts
  • broadcast of plaintiff’s arrest in public place not actionable
  • videotape footage of drug arrest

Written by the judges who cited it.

The opinion

Hendrickson, P.J.,

concurring. I concur with the majority in case No. CA83-07-014. Also, I concur in the judgment in case No. CA83-07-015 on the basis that summary judgment is not applicable since there is a question of fact which must be resolved. However, at this stage of the proceedings, I cannot accept the premise that the failure to file charges against the appellant provides the basis for an inference that the claim of misconduct on the part of appellant is a sham. After all, the case has not been tried and we do not know what additional evidence, if any, will be introduced. Nevertheless, we should recognize that when someone refuses to obey an order during the arrest of such a large number of people, the failure to cooperate may, upon the spur of the moment, be considered to be more serious than it appears upon review at a later date. Therefore, if we cast such reflection upon law enforcement agencies, we will discourage them from either doing justice at a later date by correcting their mistakes, or giving someone a “break” if the circumstances warrant such action.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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