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Pictures of GF

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badapple40

Senior Member
BelizeBreeze said:
Ya gotta love IT :D:D:D
Thats why I left private practice and went to work for the government for a while. I got burnt out with crushing the little guy and defending dirt ball corporations. Sure, I was getting compensated well, was getting really good at defense work, but then I had to go home at night and look at myself. That was actually the impetus for choosing the handle on here, since I tended to represent badapples, and that whole lie down with dogs thing. The only enjoyment I ever had was crushing pro se prisoners on civil rights cases (and I still get to do those workin' for the government!). I'm sure I'll resort to selling out again, but at least for now, I've chosen happiness over wealthyness (to the dismay of my wife).

Regarding the most recent poster's question regarding form stuff... I posted a while ago a draft example complaint. Is there not some way to sticky that post since it keeps rearing its ugly head?
 
M

meganproser

Guest
>>First, let me say that I believe Belize's approach is a sound one, to not only evaluate cases on whether all the elements are met, but also whether or not the net outcome is worth it.

Of course such an evaluation is necessary. My point is that when advising a poster here, the advisors opinion of what is “worth it” or not, should not translate into “you have no claim”. It only takes an extra minute to say, “you could pursue it but….” I think it is important to make that statement rather than leading readers to believe they have no rights in such a situation.

You will notice I posted the elements of an invasion of privacy claim earlier in this thread. When I mentioned the Intentional Infliction of Emotion Distress claim, I was once again, merely saying what I believe she MIGHT be able to file under. I know she would need to show medical bills to satisfy that claim, but just because she may not have reached that point yet, doesn’t mean that it’s not in her future (of course, that whole angle makes me cringe).

All I really want to do, is point out that one way or another, I believe she has grounds to seek assistance from the court. It is rare for an individual to file and follow through on an intentional tort claim, but it CAN happen and would be offenders need to be aware of that.

Your IIED case involved a defendant who had at least some innocent reason to keep contacting the plaintiff. In the OP’s case, I don’t see any such justification.

BB wrote: >>If she can't prove 1. that she didn't give permission and 2. that he was in possession of the photos and 'publishing' them without her permission then game over.

How does anyone prove they did NOT give permission? Her proof will have to be her word. Once she establishes a prima facie case, the burden shifts to the defendant to refute or rebut the plaintiff’s evidence.
 

BelizeBreeze

Senior Member
megan, megan , megan.

Yes, she'll say he gave me permission.
Burden shift.
He'll say she told me to take the pictures
Burden Shift.

She says, well, I didn't tell him that.
Burden shift.
He says, yes she did.

Do you finally see how your logic is so circular that evidence OTHER THAN he-said, she-said MUST be present to establish a prima facia case?

I gave her the only valid option available to her at this time. Let the little twerp sweat his enrollment. Let every girl available to him for dating find out what kind of slimeball he is. THAT is all she'll be able to recover in the end.
 
M

meganproser

Guest
Ok, ok, ok!!! BB your suggestion was certainly the best option for her, but you know I just HAVE to argue for the possibility of a valid legal claim.

BTW, did she ever mention how OLD she was when the pic was taken? I think there are some laws about taking nekkid photos of minors.
 

BelizeBreeze

Senior Member
meganproser said:
Ok, ok, ok!!! BB your suggestion was certainly the best option for her, but you know I just HAVE to argue for the possibility of a valid legal claim.

BTW, did she ever mention how OLD she was when the pic was taken? I think there are some laws about taking nekkid photos of minors.
Nice try but she was in college. And even if she WAS a minor, prove she was at the time of the photo.

Again.....
 
This is she:

I was 18, and wasn't in college at the time. I was working. After the pictures were taken, he attended PSU ( and moved into a dorm), where I attended school with my best friend the following year - I believe (living in my own apartment)
 
Well,

I'm beginning to beleive that you're a dirty pervert. Once again, if we don't want the pictures even being in posession of the ex, why would we want to post them on the internet and then make them property of millions of others perverts? This is not a hoax.

This is She: "Also, where can we find a professional or official document stating cease and desist that we can give to the ex, and get my pictures deleted lawfully?"
 

Shay-Pari'e

Senior Member
(QUOTE)I was 18, and wasn't in college at the time. I was working. After the pictures were taken, he attended PSU ( and moved into a dorm), where I attended school with my best friend the following year - I believe (living in my own apartment)(QUOTE)

BB posted a link for you assuming this happened on campus. It did not.

Get over it, and move on.
 
Last edited:

stevek3

Member
left_coast_punk said:
I'm beginning to beleive that you're a dirty pervert. Once again, if we don't want the pictures even being in posession of the ex, why would we want to post them on the internet and then make them property of millions of others perverts? This is not a hoax.
I've now chosen to live the lifestyle of a clean pervert. My days as a dirty pervert are over.
 

You Are Guilty

Senior Member
left_coast_punk said:
I'm beginning to beleive that you're a dirty pervert. Once again, if we don't want the pictures even being in posession of the ex, why would we want to post them on the internet and then make them property of millions of others perverts? This is not a hoax.
Hello McFly! I don't suppose it ever occurred to you to censor the "naughty bits", huh? A nice blur filter from Photoshop, or even a black box in MSPaint if you don't have editing software. Oh wait, or maybe it's because there really aren't any pictures after all?
 

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