On November 30, 2020, the family of a woman and child killed in the helicopter crash which also killed Kobe Bryant and his daughter sued the Los Angeles Fire Department and others for taking photos of the victims and disseminating them to individuals not involved in the investigation. For those who want to read the Complaint, is available online. The plaintiffs are suing for violation of the Fourteenth Amendment to the United States Constitution and state violations for invasion of privacy, intentional infliction of emotional distress, and negligent infliction of emotional distress.
According to the complaint,
The remains and personal effects of Sarah and Payton were scattered across a wilderness area located northeast of Las Virgenes Road and Willow Glen Street in Calabasas, California. Because that location was within the territorial jurisdiction of Los Angeles County, Defendant ALEX VILLANUEVA, as Sheriff of the County of Los Angeles, and Defendant LOS ANGELES COUNTY SHERIFF’S DEPARTMENT had both the authority and the duty to secure the accident scene. Securing the crash scene was essential to protecting the dignity of those who had perished and limiting the mental and emotional suffering of the loved ones left behind. Defendant LOS ANGELES COUNTY FIRE DEPARTMENT had both the authority and the duty to suppress and eliminate the risks of fire and explosion created by the crash.
The complaint further alleged that “various members of the Los Angeles County Fire Department also photographed the remains of Sarah and Payton at the scene of the crash. Further, these same firefighters shared, distributed, and showed the photographs of the decedents in circumstances that were unrelated to any investigation of the crash.”
The plaintiffs are alleging customs, policies, and/or patterns of practice which may too often be the case for local volunteer fire departments:
- The failure to train and supervise adequately personnel to ensure they do not take or share photos of fire, accident or medical scenes, especially those with human remains, for personal use;
- The failure to establish a policy or procedure addressing the treatment of human remains, including a strict prohibition on the taking or sharing of photos of human remains; and
- The failure to investigate adequately and discipline Department personnel who unnecessarily took and/or shared photos of human remains.
New York’s volunteer fire and EMS departments should, if they have not already, implement policies prohibiting members from photographic scenes unless there is explicit permission from the Chief or incident commander. The damage to the victims and their families aside, the harm to the department from the dissemination of unauthorized images is enhanced when there isn’t even a policy regarding taking and dissemination of the images.
Departments should adopt a policy on the use of cameras and camera phones at scenes of fires, accidents, and medical calls. While every department is different, a policy based on the prototype provided here would be appropriate to consider.
