Zimmerlink’s attorney asks for dismissal of privacy violation suit
A Fayette County commissioner accused of violating a woman’s right to privacy by emailing information about alleged child abuse to news media is asking a federal judge to dismiss the suit against her.
Commissioner Angela Zimmerlink and the county are the two defendants named in a suit lodged by two Jane Does, and, Tuesday, Zimmerlink’s attorney, Jennifer L. McPeak, made a motion to dismiss the case, claiming that Zimmerlink, as a government official, has qualified immunity from the Does’ privacy claims.
Jane Doe 1, parent of minor child Jane Doe 2, filed the suit in February, claiming Zimmerlink was one of several county officials included in a chain of emails about the alleged abuse of Doe 2. The suit alleged that Zimmerlink forwarded the emails with the allegations to media outlets to publicize a meeting regarding the manner in which the county’s Children and Youth Services (CYS) agency was responding to a child abuse complaint.
McPeak contended that the plaintiffs have not alleged a deprivation of a constitutionally protected right to privacy, noting that, “The 3rd Circuit (Court of Appeals) has not considered whether a victim of child abuse has a constitutionally protected privacy interest in the specific facts concerning the abuse.”
Looking at a similar privacy violation claim regarding a police report of domestic violence being made available to a news reporter, McPeak pointed out that the appellate court concluded a police report was not protected because the plaintiff could not expect that the reporting of a potential crime to police would remain secret.
“By outlining the various instances of child abuse to these government officials, Jane Doe 1 should have expected that the alleged crimes would be investigated, and the details of the abuse could very well have become public once charges were filed by police,” McPeak wrote.
Additionally, McPeak argued that even if the court determines the Does’ constitutionally protected right to privacy has been violated, Zimmerlink would remain immune to the current action because the right in question was not “clearly established,” meaning Zimmerlink was not on notice that the disclosure of instances of child abuse violated a right to privacy.
Last month, Marie Milie Jones, attorney for the county, also filed a motion to dismiss the case, arguing the claims are not supported by state or federal laws.
Jones argued that a municipal liability claim such as this one lodged against the county is only valid when the municipality engages in a policy, practice or custom of violating someone’s constitutional rights.
Because Zimmerlink is part of a three-person governing body whose members are not empowered to act individually, Jones argued, she cannot be considered a policymaker under the statute cited by the Does in the complaint.
A federal judge will rule on the pending motions at a later date.