Opinion

Lake v. Wal-Mart Stores, Inc.

  • 582 N.W.2d 231
  • 26 Media L. Rep. (BNA) 2175
  • 1998 Minn. LEXIS 463
  • 1998 WL 429904
Court
Supreme Court of Minnesota
Filed
Jul 30, 1998
Status
Published
Author
Tomljanovich
On the bench
Blatz, Tomljanovich, Stringer, Tomlja-Novich
Cited by
99 cases
Authority
More cited than 0.3%

joining the majority of states that recognize the tort of invasion of privacy as inherent in property, contract and liberty rights, but declining to recognize the tort of false light because it would increase the tension between tort law and constitutional free speech guaranties

How later courts described this case

  • joining the majority of states that recognize the tort of invasion of privacy as inherent in property, contract and liberty rights, but declining to recognize the tort of false light because it would increase the tension between tort law and constitutional free speech guaranties
  • concluding that Min- nesota common law recognizes causes of action in tort for “intrusion upon seclusion, appropriation, and publication of private facts”
  • concluding that “we are not persuaded that a new cause of action should be recognized if little additional protection is afforded plaintiffs”
  • stating that “[o]ne’s naked body is ... generally known to others only by choice” and “is a type of privacy interest worthy of protection”

Written by the judges who cited it.

The opinion

TOMLJANOVICH, Justice

(dissenting).

I respectfully dissent. If the allegations against Wal-Mart are proven to be true, the conduct of the Wal-Mart employees is indeed offensive and reprehensible. As much as we deplore such conduct, not every contemptible act in our society is actionable.

I would not recognize a cause of action for intrusion upon seclusion, appropriation or publication of private facts. “Minnesota has never recognized, either by legislative or court action, a cause of action for invasion of privacy.” Hendry v. Conner, 303 Minn. 317, 319 , 226 N.W.2d 921, 923 (1975). As recently as. 1996, we reiterated that position. See Richie v. Paramount Pictures Corp., 544 N.W.2d 21, 28 (Minn.1996).

An action for an invasion of the right to privacy is not rooted in the Constitution. “[Tjhe Fourth Amendment cannot be translated into a general constitutional ‘right to privacy.’ ” Katz v. United States, 389 U.S. 347, 350 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967). Those privacy rights that have their origin in the Constitution are much more fundamental rights of privacy — marriage and reproduction. See Griswold v. Connecticut, 381 U.S. 479, 485 , 85 S.Ct. 1678 , 14 L.Ed.2d 510 (1965) (penumbral rights of privacy and repose protect notions of privacy surrounding the marriage relationship and reproduction).

We have become a much more litigious society since 1975 when we acknowledged that we have never recognized a cause of action for invasion of privacy. We should be *237 even more reluctant now to recognize a new tort.

In the absence of a constitutional basis, I would leave to the legislature the decision to create a new tort for invasion of privacy.

STRINGER, Justice.

I join in the dissent of Justice TOMLJA-NOVICH.

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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