Derogatory Facebook Post and Photo Caption Could Give Rise to False Light Claim

摘要

The case of Mitchell v. Chmerkovskiy was filed on January 29, 2016, in district court in Tennessee. [No. 3:16-cv-95 (M.D. Tenn. 11/17/2016).] The complaint alleged that plaintiff S.E. was a minor citizen who was diagnosed at birth with Down Syndrome, a chromosomal disorder characterized by a combination of birth defects, including mental and physical impairments and characteristic facial and physical features. The complaint also alleged that individuals with Down Syndrome have a significantly higher incidence of problems with the endocrine system (the set of glands that include the thyroid, adrenal, and pituitary glands) than the general population. Plaintiff Stephanie Mitchell was S.E.'s mother. The complaint further alleged that Valentin Chmerkovskiy-a celebrity professional dancer best known for his television appearances on "Dancing with the Stars"-was a resident of California, that defendant Michael Smail was a resident of Illinois, and that defendant CBS Corporation was based in New York, establishing that diversity jurisdiction was appropriate as to all defendants.The complaint then alleged the following facts as a basis for the action: 1. On June 1, 2008, when she was eight years old, S.E. attended a baseball game at Hershel Greer Stadium in Nashville,Tennessee.