Supreme Court of the United States · Official docket →
Michael R. Solomon v. Desert Healthcare District, et al.
Paid petition · Court of Appeal of California, Fourth Appellate District, Division Two, No. E065066, E065684 · judgment December 8, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Introductory Statement: SOLOMON sued the Desert Healthcare District, its CEO KATHY GRECO, and one of its Board members, KAY HAZEN, for obtaining and publishing his confidential medical records, including, but not limited to, a cat scan of his brain without authorization. The lower courts have held obtaining and publishing Petitioner’s confidential medical records is protected activity under the Free Speech and Freedom of the Press rights of the First Amendment to the United States Constitution. The Lower Courts summarily dismissed his case under a SLAPP Motion.
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Does the “newsworthy” privilege permit the publication of stolen private and confidential medical records?
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Is the publication of stolen private and confidential medical records protected speech under the First Amendment of the United States Constitution?
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Can the allegations in Petitioner’s Complaint and the evidence established in Petitioner’s Declarations establishing intrusion into Petitioner’s privacy be ignored in granting Defendant’s SLAPP Motion when Petitioner is denied his constitutional right to due process and equal protection under the Fifth and Fourteenth Amendments to the United States Constitution by being denied a trial by jury
Counsel of record
For petitioner
Clark Garen
Law Offices of Clark Garen
For respondent
Jeffrey A. Morris
Devaney Pate Morris & Cameron, LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 01 2018Petition DENIED.
- Jul 03 2018DISTRIBUTED for Conference of 9/24/2018.
- Jun 11 2018Waiver of right of respondents Desert Healthcare District, et al. to respond filed.
- May 21 2018Petition for a writ of certiorari filed. (Response due June 22, 2018)