Emotional Distress

August 16, 2019

Lawsuit: Hidden Cameras Film Hospital Patients

by Law Offices of Thomas L. Gallivan, PLLC

More than eighty patients filed suit against a California women’s hospital for allegedly filming them while undressed and receiving medical care. These women claim that the secretly recorded footage includes them in stirrups receiving intimate medical procedures, sterilizations, and dilation and curettages after miscarriages, according to The Washington Post. The secret recordings took place over an 11-month period and could include up to 1,800 patients.

In response to the allegations, Sharp Grossmont Hospital concedes that computer monitors with “motion-activated cameras” were in three different operating rooms at the hospital during the time period. The hospital said the cameras were angled towards the “medication carts” and part of an investigation into missing narcotics at the hospital. While these “motion-activated” cameras were activated when sensing motion, they continued to record for long periods of time. This resulted in many patients have sensitive and personal medical procedures recorded without their permission. According to the lawsuit, these recordings showed patients “conscious and unconscious, partially robed on operating room tables, undergoing medical procedures and communicating with their doctors and medical personnel.”

August 5, 2019

New York Finally Outlaws “Revenge Porn”

by Law Offices of Thomas L. Gallivan, PLLC

Five years after introducing the legislation in Albany, New York became the 42nd state to outlaw “revenge porn” last month. While the state may have been late to pass the long-awaited legislation, New York’s revenge porn law will be one of harshest in the country. Victims of revenge porn describe upended lives and deeply personal humiliation, which was only compounded by the inability of New York authorities to help. Speaking to The New York Times, one victim of revenge porn, Carrie Goldberg, said that her ex-boyfriend would constantly email nude pictures of her to work colleagues. Goldberg described trying to stop him as an “inescapable nightmare” – the police said they could not do anything, and prosecutors said he had not broken a law.

Now, victims say their “years of helplessness” are finally over. Under the new law, anyone found guilty of disseminating or publishing revenge porn could face up to a year in prison. New York’s law goes further than merely criminalizes revenge porn, though. Similar to twelve other states, New York revenge porn victims will be able to file a lawsuit against the person responsible. With a lower burden of proof and the opportunity to recoup damages to a victim’s reputation, the opportunity to pursue a civil case will provide another avenue for victims to seek justice. Regardless, the solicitous images will be removed from the internet because the new law allows judges to order websites and social media platforms to remove them. According to The New York Times, all other states only require the offender to remove the offending images or videos.

May 21, 2018

First Revenge Porn Lawsuit Filed in New York City

by Law Offices of Thomas L. Gallivan, PLLC

A health professor at the City University of New York (CUNY) filed the first civil lawsuit under New York City’s “Revenge Porn” law, which was passed in November last year and went into effect in February. The professor, Dr. Spring Chenoa Cooper, alleges that her ex-boyfriend shared explicit images and videos of her online and linked the intimate material to her CUNY faculty page, in an attempt to harass her and destroy her career.

In her lawsuit, Cooper alleges that after ending a “tumultuous” relationship with her ex-boyfriend, Ryan Broems, in November, he began harassing her for weeks online by asking her invasive and inappropriate questions about her relationships and sex life. After blocking his text messages and social media accounts, she received a message from an unknown Tumblr account that demanded she provide intimate details of her life or else intimate pictures and videos of her would be posted online. After refusing the Tumblr user’s demands, intimate videos and pictures of her appeared on the user’s page. In the lawsuit, Cooper alleges that the Tumblr user is her ex-boyfriend Broems because he is the only person who received the explicit photographs and videos.