Legal Opinion

Marsh v. County of San Diego

Court of Appeals for the Ninth Circuit

Decided May 29, 2012No. 11-55395PublishedCited by 578 opinions

1Opinion of the Court

OPINION

KOZINSKI, Chief Judge:

When tragedy strikes and a family member suffers a violent death, we try to remember our dearly departed as they were in life, not as they were at the end. But suppressing gruesome mental images of their demise becomes difficult when autopsy or crime scene photographs are published for the world to see. We consider whether individuals have a federal privacy right to control public dissemination of a family member’s death images.

I. FACTUAL BACKGROUND

In 1983, Brenda Marsh’s two-year-old son, Phillip Buell, died from a severe head injury while in the care of her…

2Cases cited34 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  3. Sandin v. ConnerSupreme Court of the United States · 1995
  4. Roe v. WadeSupreme Court of the United States · 1973
  5. City of Oklahoma v. TuttleSupreme Court of the United States · 1985

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3Cited by578 opinions

  1. Laurie Range v. Kenneth DouglasCourt of Appeals for the Sixth Circuit · 2014
  2. Sylvia Landfield Trust v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2013
  3. Yvette Felarca v. Robert BirgeneauCourt of Appeals for the Ninth Circuit · 2018
  4. Parents for Privacy v. William BarrCourt of Appeals for the Ninth Circuit · 2020
  5. Regents of the Univ. of Cal. v. U.S. Dep't of Homeland Sec.Court of Appeals for the Ninth Circuit · 2018

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