Forbidden Pixels

Los Angeles County has a reached a settlement with the involved parties over the aftermath of a helicopter crash in January, 2020. According to the news media the widow of basketball star Kobe Bryant will receive nearly $29 million to mollify the effects of first responders who used smart phones to capture images of Bryant and her daughter Gianna. Seven others died in the crash and are somehow a part of the settlement. In a separate settlement, retired NFL player Chris Chester was paid $20 million because electronic images were made of his own wife and daughter killed in the same incident.

Celebrated trial attorney Luis Li plead the case for Vanessa Bryant. His compensation, and that of his Los Angeles law firm, Munger, Tolles & Olson LLP, has not been revealed. That must be a matter of attorney/client privilege. Perhaps the large percentage of settlements awarded to legal representation must also be used to subsidize the occasional failed efforts.

The images that caused so much anguish in the victims' families were taken by eight deputies at the scene and then allegedly distributed to others in the department and even to unrelated parties, including a bar tender. The captured images were deleted at the LA County offices, according to Sheriff Alex Villanueva, and no charges or discipline resulted.

 

orayet.com

 Vanessa Bryant and attorney Luis Li

Attorney Li described the actions of the deputies as "grotesque conduct". While what they did or did not do may well have fit that definition, there does not appear, at this time anyway, that any violation of law occurred. In a country that's governed by the rule of law, this is a very exceptional and expensive incident. If grotesque conduct is an avenue that can lead to financial punishment within the legal process without evidence of tort, what will be the result?

The monetary award can't be viewed as compensation for the loss suffered by Mrs. Bryant, as devastating as it may have been. In fact, the wealth of the family enabled the transportation by helicopter of children within a city from one athletic venue to another, something that could only happen at this time in the US or perhaps some Middle Eastern sultanate. This incident is also an image of the incredible wealth and influence of professional athletes. 

Capture of the images of any party is a constant of modern life. We are surrounded by cameras recording our every move, in C-stores, apartment hallways, residential entries, parking lots, retail businesses and shopping centers and government buildings. We have no idea who examines these images and for what purpose. If the image examiner finds nothing of interest in a recording he's not required to notify any of those in it that they were evaluated for whatever reason and then dismissed. 

First responders are now required to wear "body cameras" to protect both themselves and others from exactly the results of this helicopter crash. It is the dissemination of the images that constitutes "grotesque conduct", which will probably be more and more broadly defined according to the whims of the day. The instantaneous nature of modern communications means that the fears of Mrs. Bryant and Mr.Chester were realized minutes after the images were digitalized. They are already wandering around the internet and at some point will be seen by anyone with curiosity. But millions of dollars will make them feel better.