On appeal from the Superior Court of New Jersey, Law Division, Union County.
Approved for Publication December 12, 1996.
Before Judges Shebell, Baime and Braithwaite. The opinion of the court was delivered by Braithwaite, J.A.D.
The opinion of the court was delivered by: Braithwaite
The opinion of the court was delivered by
Plaintiff appeals from an order granting summary judgment dismissing his complaint against defendants. Plaintiff's complaint alleged libel, intentional infliction of emotional distress, and invasion of privacy. Although plaintiff's complaint contained fifteen counts, he appeals only from the dismissal of two counts, one alleging libel, and the other alleging public disclosure of private facts. Seven counts of the complaint were dismissed because the statute of limitations had expired. The remaining counts were dismissed because the trial court found that the words that were the basis of the claims were spoken in such a context as not to be defamatory.
On this appeal, plaintiff contends:
I. MOTION JUDGE ERRED IN DISMISSING PRIMA FACIE CASE; THEREBY DEPRIVING PLAINTIFF HIS CONSTITUTIONAL RIGHT OF REDRESS.
A. MOTION JUDGE WAS WOEFULLY NEGLIGENT BY FAILURE TO ADDRESS INVASION OF PRIVACY, TREATING IT AS DE FACTO DEFAMATION.
B. MOTION JUDGE MISAPPLIED "THE BRILL STANDARD" TO DISMISS LIBELOUS PER SE VERBATIM IMPUTATION OF "WIFE-BEATING."
II. PLAINTIFF HAS ESTABLISHED REASONABLE CAUSE OF ACTION FOR INVASION OF PRIVACY BY PUBLIC DISCLOSURE OF PRIVATE FACTS.
A. PLAINTIFF'S RECORD AND HISTORY OF PSYCHIATRIC HOSPITALIZATION IS SEALED BY STATUTE.
1. PLAINTIFF'S "PLAIN ERROR" IGNORANCE OF N.J.S.A. 30:4-24.3 MAY HAVE CONTRIBUTED TO THE MANIFEST MISCARRIAGE OF JUSTICE.
B. NECESSARY NEXUS DOES NOT EXIST BETWEEN DISCLOSURE AND PLAINTIFF'S INVOLVEMENT IN PUBLIC CONTROVERSY.
C. DEFENDANT'S DISCLOSURE WAS INTENTIONAL AND MALICIOUS.
III. PLAINTIFF HAS ESTABLISHED REASONABLE CAUSE OF ACTION FOR LIBEL PER SE.
A. PLAINTIFF WAS LIBELED WITH ACTUAL MALICE.
B. CONTEXT FAVORS PLAINTIFF
1. IMMEDIATE CONTEXT OF THE BROADCAST.
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