Mansell v. Otto

Opinion

JOHNSON, J.

A crime victim sued the alleged perpetrator and his criminal defense counsel for invasion of her constitutional right of privacy, based on the unauthorized reading of her mental health records by defendants and other members of the defense team. The trial court sustained defendants’ demurrer to plaintiff’s complaint without leave to amend and dismissed the action. The court found plaintiff’s claim for invasion of her constitutional right of privacy was barred as a matter of law by the litigation privilege. We *268find the litigation privilege inapplicable to the noncommunicative…