## Facts

- Glenn Michael and his wife divorced; custody of their minor daughter was initially awarded to the mother.
- Rita Plaxico lived with Michael’s former wife and was her intimate partner.
- Michael sought to modify custody after learning of the relationship and alleged it affected his child’s welfare.
- Michael went to the former wife’s residence, looked through a bedroom window, observed sexual conduct, retrieved a camera, and took photographs through the window.
- The photographs depicted Plaxico in bed nude from the waist up.
- In the custody modification litigation, the photographs were produced through counsel during discovery and used in the proceeding; Michael ultimately obtained custody.
- Plaxico later sued Michael for invasion of privacy, alleging intentional intrusion upon her solitude or seclusion.
- After a bench trial, the circuit court dismissed the complaint with prejudice, finding Michael acted under a qualified privilege to protect his child; costs were taxed to Plaxico and each party bore its own attorney’s fees.

## Issues

1. Whether covertly observing and photographing Plaxico through a bedroom window constituted an actionable intrusion upon seclusion.
2. Whether a qualified privilege arising from a parent’s interest in a child’s welfare and the litigation context barred invasion-of-privacy liability for the conduct.
3. Whether Plaxico was entitled to damages and other relief for invasion of privacy.

## Decision

- The Mississippi Supreme Court affirmed the dismissal with prejudice.
- The court held that, under the circumstances, Michael’s conduct was protected by a qualified privilege and did not give rise to liability for intrusion upon seclusion.
- Because liability was barred, Plaxico was not entitled to damages.

## Legal Principles

- Intrusion upon seclusion requires an intentional intrusion, physical or otherwise, into another’s solitude, seclusion, or private affairs that would be highly offensive to a reasonable person.
- A qualified privilege may defeat an intrusion-upon-seclusion claim when the conduct is undertaken for a proper purpose tied to a substantial interest, such as a parent’s interest in protecting a child.
- Limited use and disclosure of obtained material within a judicial proceeding, rather than public dissemination, weighs in favor of applying the privilege.
- When a qualified privilege applies, the invasion-of-privacy claim fails and damages are unavailable.

## Conclusion

The court upheld dismissal of an invasion-of-privacy claim where a father secretly photographed intimate bedroom conduct to support a custody modification effort, concluding the conduct was shielded by a qualified privilege grounded in parental protection interests and litigation-related use of the evidence.


Plaxico v. Michael, 735 So. 2d 1036 (Miss. 1999)