Lisa Demaree v. Wal-Mart Stores Incorporated

MEMORANDUM

Plaintiffs appeal the district court’s grant of Wal-Mart Stores Inc.’s motion for summary judgment. We affirm.

1. Plaintiffs concede that Arizona Revised Statute § 13-3559(B) applies here. Under § 13-3559(B), Wal-Mart is statutorily immune from civil liability arising from Plaintiffs’ negligence and false light invasion of privacy claims, because those claims stem from the reporting of suspected child exploitation to police. This immunity provision provides that “A person who on discovery in good faith reports the discovery of suspected visual depictions of sexual exploitation of a minor is immune from civil liability.” Ariz.Rev.Stat. § 13-3559(B).

Plaintiffs do not contest whether the Wal-Mart employees who called police after viewing Plaintiffs’ photographs reported in good faith. Rather, they argue that the employees’ immunity cannot extend to their employer, Wal-Mart. Even assuming Wal-Mart may be separately liable outside of its employees’ actions, Plaintiffs provide no evidence in support of their allegations that Wal-Mart acted in bad faith to protect itself from criminal liability and to placate its untrained employees who may have been upset by viewing such…