01/06/2022
HOW KOBE BRYANT’S DEATH CHANGED THE LAW
Before Assembly Bill (AB) 2655 was passed First Responders (Police Officers, Firefighters, and Paramedics) could NOT be held criminally liable where they photographed a deceased person, for any purpose other than official law enforcement business or genuine public interest. AB 2655 holds these First Responders personally liable.
Prior to AB 2655, First Responders and their employers could only be held liable in Civil Court. What does that mean?
For example: A Los Angeles Police Department (LAPD) Officer arrives at a crash site and immediately notices the deceased was a prominent celebrity (Kobe Bryant). The LAPD Officer takes pictures and sends it to the entire LAPD, Friends, and Family.
Prior to Enactment of AB 2655 - That LAPD Officer could only be sued in Civil Court. The Family of the Deceased would have to sue: 1) the Los Angeles Police Department; 2) City of Los Angeles, and 3) The LAPD Officer (who took the photos). Moreover, the Family would have to sue for 1) Violation of their Civil Rights Pursuant to 42 USC § 1983; 2) Invasion of Privacy; 3)Negligence; 4) Negligent Infliction of Emotional Distress, and 5) Intentional Infliction of Emotional Distress. The end result would be the City of Los Angeles writing a check to the family, and the LAPD Officer gets a slap on the wrist.
After the Enactment of AB 2655 - The individual LAPD officer could be held personally liable in criminal court. Of course, the family can still sue in Civil Court.
However, in order to hold these First Responders and their Employers liable the handling Attorney must understand the Policies & Procedures of each Agency. The Founder of our Firm, Steven Awada, Esq., has mastered these Policies & Procedures.
Call our office at (714) 886-2251 or Text our Office at (562) 746-4170 for a free consultation.
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