Arizona’s New Invasion of Privacy Jury Instructions

Arizona has long recognized the invasion of privacy torts described in the Restatement (Second) of Torts (Am. Law Inst. 1977). But until last month, it had not published a set of invasion of privacy jury instructions for Arizona’s civil courts to use.

Many lawyers look to the Revised Arizona Jury Instructions (RAJI) for guidance when they evaluate potential claims their prospective clients ask them to review. The absence of invasion of privacy instructions in the RAJI made these evaluations more difficult for Arizona attorneys who had little to no experience litigating common law invasion of privacy claims.

Desiring to fill this gap in the RAJI, I submitted a detailed draft set of jury instructions for Arizona’s privacy torts to the State Bar of Arizona Civil Jury Instructions Committee. The Committee relied on my draft to create Arizona’s first set of civil jury instructions for its four invasion of privacy torts: (1) intrusion upon seclusion; (2) public disclosure of private facts; (3) false light; and (4) appropriation of likeness. You may download a copy of them here.

These new jury instructions will help Arizona juries, judges, and civil litigators accurately apply Arizona’s common law for the invasion of privacy torts. They will also help Arizona attorneys and litigants evaluate whether they have enough evidence to plead and prove invasion of privacy claims.

There are seventeen Arizona privacy civil jury instructions. Attorneys who have questions about how to use them or who have questions about the case law or secondary sources cited in support of the instructions may call me.

  1. Invasion of Privacy 1 – Invasion of Privacy by Intrusion Upon Seclusion — Elements
  2. Invasion of Privacy 2 – Intentional Intrusion — Defined
  3. Invasion of Privacy 3 – Highly Offensive to a Reasonable Person — Defined
  4. Invasion of Privacy 4 – Invasion of Privacy by Public Disclosure of Private Facts — Elements
  5. Invasion of Privacy 5 – Public Disclosure — Defined
  6. Invasion of Privacy 6 – About the Plaintiff — Defined
  7. Invasion of Privacy 7 – Private Facts — Defined
  8. Invasion of Privacy 8 – Public Disclosure of Private Facts – Highly Offensive to a Reasonable Person – Defined
  9. Invasion of Privacy 9A – Invasion of Privacy by Publicly Placing Plaintiff in a False Light – Elements (Where Actual Malice Is Required)
  10. Invasion of Privacy 9B – Invasion of Privacy by Publicly Placing Plaintiff in a False Light – Elements (Negligence Standard)
  11. Invasion of Privacy 10 – Public Disclosure – Defined
  12. Invasion of Privacy 11 – Publicly Placing Plaintiff in a False Light – Highly Offensive to a Reasonable Person – Defined
  13. Invasion of Privacy 12 – Invasion of Privacy by Appropriation of Plaintiff’s Name or Likeness — Elements
  14. Invasion of Privacy 13 – Causation
  15. Invasion of Privacy 14 – Damages
  16. Invasion of Privacy 15 – Affirmative Defenses ― Qualified Privilege
  17. Invasion of Privacy 16 – Affirmative Defenses ― Consent

By Ed Hopkins, HopkinsWay PLLC. | © HopkinsWay PLLC 2017. All rights reserved.

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