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NELSON v. SALEM STATE COLLEGE

446 Mass. 525 (2006)

GAIL NELSON v. SALEM STATE COLLEGE & others.

Supreme Court of Massachusetts, Essex.

April 13, 2006.

Attorney(s) appearing for the Case

Jeffrey M. Feuer (Lee D. Goldstein with him) for the plaintiff.

David R. Kerrigan, Assistant Attorney General (Meredith A. Wilson, Assistant Attorney General, with him) for the defendants.

The following submitted briefs for amici curiae:

Wayne Soini & Jaime DiPaola for American Federation of State, County & Municipal Employees, Council 93, AFL-CIO.

Mark P. Fancher, of Michigan, for Maurice and Jane Sugar Law Center for Economic and Social Justice.

Marc Rotenberg & Marcia Hofmann, of the District of Columbia, for Electronic Privacy Information Center.

Jeremy Gruber, of New Jersey, for National Workrights Institute.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & CORDY, JJ.

IRELAND, J.

After being videotaped by a hidden camera during the summer and fall of 1995 as she changed clothes and applied sunburn medication to her upper chest area and neck in an open area of her workplace, the plaintiff, Gail Nelson, filed a complaint averring that the defendants, Salem State College (college) and several employees of the college, violated her right to privacy. In her amended complaint, the plaintiff alleged that the defendants' making, use, possession...

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