Showing posts with label CAIN V. HEARST CORPORATION 878 S.W.2d 577 (1994). Show all posts
Showing posts with label CAIN V. HEARST CORPORATION 878 S.W.2d 577 (1994). Show all posts

CAIN V. HEARST CORPORATION 878 S.W.2d 577 (1994) CASE BRIEF

CAIN V. HEARST CORPORATION
878 S.W.2d 577 (1994)
NATURE OF THE CASE: The Court certified the questions of whether Texas recognized the tort of false light invasion of privacy, and if so, what statute of limitations governed.
FACTS: Cain (P) is a prison inmate serving a life sentence for murder. P sued Hearst (D) claiming that a newspaper article invaded his privacy by placing him in a false light. The article referred to P as a burglar, thief, pimp, and killer. D printed that P is believed to have killed as many as eight people; P killed one of his lawyers in 1973 and married the lawyer's widow a few months later; P killed a 67 year old man in 1977; in 1983 he 'bought' a prostitute from a friend to help finance his activities; P persuaded the prostitute to marry a trailer park owner named Anderson, so that P could kill Anderson and share the prostitute's inheritance from Anderson; when the prostitute balked, P threatened to kill her 5 year old daughter and 'deliver her daughter's head in a wastepaper basket'; the prostitute married Anderson 3 days later, and on January 5, 1985 P killed Anderson. P's sole complaint is that the article printed false information that he was a member of the 'Dixie Mafia' and that he had killed as many as eight people. P asserted that these statements put him in a false light with the public. Suit was filed in state court one and one-half years after the article was published. D removed the case to federal court and the court granted D's motion for dismissal on the grounds that P's action lies in libel, and held that the one-year limitations period expired before P brought the suit. P appealed and the court certified questions.

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