## Facts

- Summer Ammarell married Ryan Ammarell, and they had a child.
- Ryan owned or operated a business connected to North Carolina and traveled there regularly.
- During those travels, Ryan met Megan France and began an extramarital affair with her.
- The alleged relationship included sexual relations when they were together and sexually explicit communications when apart.
- France later contacted Summer and disclosed the affair, allegedly providing texts and photographs as confirmation.
- Summer alleged France took steps intended to draw Ryan away from the marriage, including offering him significant financial benefits and encouraging him to leave Summer.
- Summer alleged the marriage deteriorated and that Ryan experienced serious mental-health problems; Summer sought custody of their child.
- Summer sued France in North Carolina on two state-law tort claims: alienation of affection and criminal conversation.
- The case proceeded in federal court in the Western District of North Carolina, and France moved to dismiss under Rule 12(b)(6), arguing the torts are unconstitutional.
- France argued, among other things, that imposing civil liability for the alleged affair violated constitutional protections for private, consensual adult sexual conduct and violated her First Amendment rights.
- A magistrate judge recommended denying the motion to dismiss; France objected, and the district judge reviewed the recommendation.
- The order associated with the Westlaw citation is the district court’s June 11, 2018 decision on the motion to dismiss. See *Ammarell v. France*, 2018 WL 2843441 (W.D.N.C. June 11, 2018).

## Issues

1. Whether North Carolina’s torts of alienation of affection and criminal conversation violate substantive due process by burdening private, consensual sexual relations between adults.
2. Whether those torts violate the First Amendment by impermissibly burdening speech or association connected to the alleged relationship.
3. Whether the complaint stated plausible claims for alienation of affection and criminal conversation sufficient to proceed past the pleading stage.

## Decision

- The court denied France’s motion to dismiss.
- The court adopted the magistrate judge’s recommendation and held that the challenged tort claims “pass constitutional muster.”
- Summer’s claims for alienation of affection and criminal conversation remained pending for further proceedings.

## Legal Principles

- On a Rule 12(b)(6) motion, the court accepts well-pleaded factual allegations as true and draws reasonable inferences in the plaintiff’s favor.
- A constitutional liberty interest in private sexual intimacy (as discussed in cases such as *Lawrence v. Texas*) does not create a broad right to engage in adulterous conduct without civil consequences when a state recognizes a legally protected marital interest.
- When no fundamental right is implicated, legislation or common-law causes of action are generally reviewed under rational-basis review; the state may recognize civil remedies tied to protecting marriage and compensating an injured spouse.
- Alienation of affection and criminal conversation are directed at intentional interference with the marital relationship (and, for criminal conversation, sexual intercourse with a married person), not the regulation of protected speech as such.
- The First Amendment does not bar generally applicable tort liability merely because communications may be part of the alleged conduct; incidental effects on expression do not alone make a tort unconstitutional.
- Arguments that “heart balm” torts are outdated or unwise are primarily for the state legislature, not a federal court, absent a demonstrated constitutional violation.

## Conclusion

In *Ammarell v. France*, the Western District of North Carolina refused to dismiss Summer Ammarell’s alienation-of-affection and criminal-conversation claims against Megan France, holding that North Carolina’s heart-balm torts do not violate substantive due process or the First Amendment and that the case could proceed beyond the pleadings stage.


Ammarell v. France, 2018 WL 2843441 (2018)