Arizona recognizes the invasion of privacy torts described in the Restatement (Second) of Torts (Am. Law Inst. 1977). Most attorneys look to the Revised Arizona Jury Instructions (RAJI) for guidance when they evaluate potential claims for their prospective clients. Yet, there was a gap in the jury instructions and this paucity of information regarding invasion of privacy instructions made these evaluations more difficult for Arizona lawyers who had little experience litigating invasion of privacy claims.
Having litigated invasion of privacy cases in Arizona, HopkinsWay PLLC founder and attorney Edward Hopkins submitted a detailed draft set of jury instructions for Arizona’s privacy torts to the State Bar of Arizona Civil Jury Instructions Committee. Relying on his draft, the Committee created 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.
Expectedly, judges, civil litigators and Arizona juries will utilize these instructions to apply Arizona’s common law for the invasion of privacy torts. The instructions will also aid Arizona attorneys and litigants in evaluating whether they have sufficient evidence to plead and prove invasion of privacy claims.
Listed below are the seventeen Arizona privacy civil jury instructions.
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