Lorraine NELSON et al. v. Maine TIMES, 373 A.2d 1221

Summary

The son claimed that the publication invaded the seclusion of his private life and exploited his likeness and his heritage as a member of an Indian tribe. The mother sought damages for mental suffering and humiliation, based on her claim that the unauthorized use of her son's picture outraged and shocked her. On appeal, the court affirmed the Rule 12(b)(6) dismissal. The son's intrusion upon the seclusion of another claim failed because there were no allegations that the newspaper physically intruded on his solitude or upon a premises he occupied solely for purposes of seclusion, or that the publication was offensive to him. The appropriation of another's likeness claim also failed because there was no proof that the publication benefitted the newspaper. Likewise, the son's publicity given to private life claim failed because the publication disclosed nothing about his private life that was not otherwise apparent to anyone who saw him, and because there were no allegations that the ...