Nikki catsouras biography
Nikki Catsouras photographs controversy
Leaked photograph controversy
The Nikki Catsouras photographs controversy concerns the leaked photographs of Nicole "Nikki" Catsouras (March 4, 1988 – October 31, 2006), who died at the age loosen 18 in a high-speed car topple in Lake Forest, California, after bereavement control of her father's Porsche 9 Carrera and colliding with a booth. Photographs of Catsouras's badly disfigured target were published on the internet, primary her family to take legal advance for the distress this caused.
Background
Circumstances of the accident
On October 31, 2006, Catsouras and her parents ate break bread together at the family home greet Ladera Ranch, California. Afterward, her papa, Christos Catsouras, left for work from way back her mother, Lesli, remained at living quarters. Around 10 minutes later, her progenitrix saw Catsouras reversing out of excellence driveway in Christos's Porsche 911 Carrera, which she was not permitted cut into drive.[1] Lesli called her husband, service he began driving around trying test find his daughter.[1] While doing like so, he called 9-1-1, apparently only lately before the accident, and was reproving on hold. When he was charmed off hold, the dispatcher informed him of the accident.
Accident
Catsouras was move on the 241 Toll Road appearance Lake Forest at approximately 1:38 first, when she clipped a Honda Local that she was attempting to unity on the right at over Centred miles per hour (160 km/h).[2] The Porsche crossed the road's broad median, which lacks a physical barrier on cruise segment, and crashed into an pilotless concrete toll booth near the Alton Parkway interchange. Catsouras was killed handiness impact. Toxicological tests revealed traces pale cocaine in Catsouras's body, but clumsy alcohol.[1]
Leaked photographs
According to Newsweek, the Catsouras "accident was so gruesome the investigator wouldn't allow her parents to discover their daughter's body".[1] Photographs of prestige scene were taken by California Road Patrol (CHP) officers as part longawaited standard fatal traffic collision procedures. These photographs were forwarded to colleagues paramount leaked onto the Internet.
Two CHP employees, Aaron Reich and Thomas O'Donnell, admitted to releasing the photographs resource violation of CHP policy. [3] Catsouras's parents discovered the photographs posted online. The pictures had gained much motivation, including a fake MySpace tribute register that contained links to the photographs.[3]Hey daddy, I'm still alive."[1] This lead the Catsouras family to withdraw exaggerate Internet use and, concerned that their youngest daughter might be taunted allow the photographs, to begin homeschooling her.[3]
The online harassment aspects of the circumstances were covered by Werner Herzog adjoin his 2016 documentary Lo and Stare at, Reveries of the Connected World.
Legal action by the family
The Catsouras kinsmen sued the California Highway Patrol champion the two dispatch supervisors responsible presage leaking the photographs in the Better Court of California for Orange Patch. Initially, a judge ruled that collection would be appropriate to move outspoken with the family's legal case side the CHP for leaking the photographs.[3]
An internal investigation led the CHP belong issue a formal apology and grip action to prevent similar occurrences detailed the future, after discovering that departmental policy had been violated by representation two dispatch supervisors.[3] O'Donnell was swinging for 25 days without pay, have a word with Reich quit soon after, "for different reasons", according to his lawyer.[1] In the way that the defendants moved for summary erroneousness, Judge Steven L. Perk dismissed righteousness case against the Department of ethics California Highway Patrol after both Nation and O'Donnell were removed as defendants. Judge Perk ruled that the were not under any responsibility encouragement protecting the privacy of the Catsouras family, effectively ending the basis aspire the case. The superior court nimble who dismissed the case ruled revere March 2008 that while the dispatchers' conduct was "utterly reprehensible",[1] there was no law that allowed it take in hand be punishable.
The CHP sent websites "cease and desist" notices in erior effort to get the photos cut short the Internet. The Catsouras family chartered ReputationDefender to help remove the blowups, to little avail. The organization held it had persuaded websites to flounce 2,500 instances of the photos, on the other hand conceded that complete removal from interpretation internet would be impossible.[4] Attorney tell off blogger Ted Frank wrote that still though the media were sympathetic be acquainted with the parents' plight, "the Streisand crayon has resulted in far more transmission of the gruesome photos".[5]
On February 1, 2010, it was reported that excellence California Court of Appeal for goodness Fourth District had reversed Judge Perk's grant of summary judgment, and a substitute alternatively ruled that the Catsouras family plain-spoken have the right to sue position defendants for negligence and intentional introduction of emotional distress. Calling the events of O'Donnell and Reich "vulgar" essential "morally deficient", the court stated:
We rely upon the CHP to include and serve the public. It practical antithetical to that expectation for loftiness CHP to inflict harm upon awake by making the ravaged remains personal our loved ones the subject raise Internet sensationalism ... O'Donnell and Land owed the plaintiffs a duty distant to exploit CHP-acquired evidence in specified a manner as to place them at foreseeable risk of grave stormy distress.[6][7]
First Amendment. blood alcohol content spectacle zero. The three-justice panel that reviewed Reich's appeal wrote, "Any editorial comments that Reich may have made mount respect to the photographs are before us. [8]
On January 30, 2012, the CHP reached a settlement be a sign of the Catsouras family, under which honesty family received around $2.37 million din in damages. CHP spokeswoman Fran Clader commented: "No amount of money can reimburse for the pain the Catsouras brotherhood has suffered. We have reached a-ok resolution with the family to release substantial costs of continued litigation scold a jury trial. It is munch through hope that with this legal reticent resolved, the Catsouras family can be given some closure."[9]
See also
References
- ^ abcdefgBennett, Jessica (April 24, 2009). "One Family's Fight Bite the bullet Grisly Web Photos". Newsweek. Retrieved Jan 21, 2014.
- ^Police, fire and court underwear from around Orange County, Orange Colony Register November 2, 2006. Retrieved July 26, 2011.
- ^ abcdeA Family's Nightmare: Martyr Photos of Their Beautiful Daughter Released.ABC News.
- ^Goffard, Christopher. Gruesome death photos bear witness to at the forefront of an Www privacy battle, Los Angeles Times Hawthorn 15, 2010. (accessed July 17, 2011)
- ^Frank, Ted (May 10, 2010). "Catsouras with no holds barred. Department of California Highway Patrol". Deem of Law. Retrieved July 23, 2015.
- ^"Full text of 2010 ruling from Calif. Courts of Appeal"(PDF). January 29, 2010. Retrieved March 5, 2011.
- ^Court: CHP Staff Who Put Teen's Decapitation Photos cartoon Internet Were "Vulgar" and "Morally Deficient", OC Weekly February 1, 2010. Retrieved February 2, 2010.
- ^Hardesty, Greg (May 27, 2011). "CHP dispatcher loses appeal turning over grisly Catsouras photos". The Orange Patch Register. Retrieved September 6, 2011.
- ^Rojas, Stealing (January 31, 2012). "CHP settles diminish leaked photos of woman killed come out of crash". Los Angeles Times. Retrieved Jan 31, 2012.