Dietemann

Dietemann v. Time, Incorporated

Caution
284 F. Supp. 925·1968 U.S. Dist. LEXIS 7794
United States District Court, Central District of CaliforniaMay 28, 1968Civ. 64-1235-CCCalifornia3,649 words

Opinion

Opinion

Carr, J.

This is a diversity suit for invasion of privacy seeking $100,000.00 general damages and $200,000.00 exemplary damages. Plaintiff, a disabled veteran with little education, was engaged in the-practice of healing with clay, minerals, and herbs — -as practiced, simple quackery.

Defendant, Time, Incorporated, a New York corporation, publishes Life Magazine. Its November 1, 1963 edition carried an article entitled “Crackdown on Quackery.” The article depicted plaintiff as a quack and included two pictures of him. One picture was taken at plaintiff’s home on September 20, 1963, previous to his arrest on a charge of practicing medicine without a license, and the other taken at the time of his arrest.

Life Magazine entered into an arrangement with the District Attorney’s Office of Los Angeles County whereby Life’s employees would visit plaintiff and obtain facts and pictures concerning his activities. Two employees of Life, Mrs. Jackie Metcalf and Mr. William Ray, went to plaintiff’s home on September 20, 1963. When they arrived at a locked gate, they rang a bell and plaintiff came out of his house and was told by Mrs. Metcalf and Ray that they had been sent there by a friend,…

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