Conradt v. Nbc Universal, Inc.

• Decision Date: 26 February 2008
• Docket Number: No. 07 Civ. 6623 (DC).,07 Civ. 6623 (DC).
• Citation: 536 F.Supp.2d 380
• Parties: Patricia CONRADT, as Administratrix of the Estate of Louis William Conradt, Jr., Deceased, Plaintiff, v. NBC UNIVERSAL, INC., Defendant.
• Court: U.S. District Court — Southern District of New York

536 F.Supp.2d 380

Patricia CONRADT, as Administratrix of the Estate of Louis William Conradt, Jr., Deceased, Plaintiff, v. NBC UNIVERSAL, INC., Defendant.

No. 07 Civ. 6623 (DC).

United States District Court, S.D. New York.

February 26, 2008.

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Baron Associates P.C., by Bruce Baron, Esq., Brooklyn, NY, for Plaintiff.

Levine Sullivan Koch & Schulz, L.L.P., by Lee Levine, Esq., Amanda M. Leith, Esq., Hilary Lane, Esq., Susan Weiner, Esq., NBC Universal, Inc., New York, NY, for Defendant.

OPINION

CHIN, District Judge.

On November 5, 2006, Louis William Conradt, Jr. ("Conradt") — an assistant district attorney in Texas — shot himself in his home as he was about to be arrested by the police for attempting to solicit a minor online. Waiting outside the house were members of the cast and crew of the national television news, show Dateline NBC ("Dateline"). They were there to film Conradt's arrest for a segment of "To Catch A Predator" — a show that works with local police departments, and an on-line "watchdog" group called Perverted Justice to identify and arrest "sexual predators." Apparently unable to face the humiliation of the public spectacle that faced him, Conradt took his own life.

In this case, Conradt's sister, Patricia Conradt, sues defendant NBC Universal Inc. ("NBC"), alleging that Dateline is responsible for her brother's death and the harm to his reputation and "good name." On behalf of herself and his estate (the "Estate"), she seeks in excess of $100 million in compensatory and punitive damages.

NBC moves, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss the amended complaint for failure to state claim upon which relief, may be granted. NBC argues, among other things, that it owed Conradt no duty to protect him from suicide and that neither it nor the police violated Conradt's rights under the Fourth Amendment to be free from unreasonable searches and seizures. It alleges further that its alleged conduct was not "extreme and outrageous" in the sense required under Texas law for a claim of intentional infliction of emotional distress.

Although many of plaintiff's claims will be dismissed, the principal claims survive, for if the allegations of the amended complaint are proven, a reasonable jury could find that NBC crossed the line from responsible journalism to irresponsible and reckless intrusion into law enforcement. Rather than merely report on law enforcement's efforts to combat crime, NBC purportedly instigated and then placed itself squarely in the middle of a police operation, pushing the police to, engage in tactics that were unnecessary and unwise, solely to generate more dramatic footage for a television show. On the facts alleged in the amended complaint, for example, a reasonable jury could find that there was no legitimate law enforcement need for a heavily armed SWAT team to extract a 56-year old prosecutor from his home when he was not accused of any actual violence and was not believed to have a gun, and that this was done solely "to sensationalize and enhance the entertainment value" of the arrest. A reasonable jury could find that by doing so, NBC created a substantial risk of suicide or other harm, and that it engaged in conduct so outrageous and extreme that no civilized society should tolerate it.

For the reasons set forth more fully below, NBC's motion is granted in part and denied in part.

STATEMENT OF THE CASE

A. The Facts

The following facts are drawn principally from the amended complaint and are assumed to be true for purposes of this motion. Certain facts are drawn from the episode of "To Catch A Predator" that aired on Dateline on February 20, 2007.¹

1. The Parties

Plaintiff, a citizen of Texas, is the administratrix of the Estate. (Compl. ¶¶ 3, 4). She grew up in the house where Conradt committed suicide. (Id. ¶ 49).

NBC is incorporated in Delaware and has its principal place of business in New York. (Id. ¶¶ 2, 12). NBC broadcasts a nationwide television "news-magazine," Dateline. (Id. ¶ 13).

2. To Catch A Predator

In 2004, Dateline began producing and broadcasting a series of segments entitled "To Catch A Predator." (Id. ¶ 14). NBC characterizes the series as "an investigative news series" and refers to Dateline as a "news program." (Def. Mem. at 1). Working with Perverted Justice and local police departments, Dateline uses "decoys" posing as teenagers on-line to "lure," with the promise of sex, individuals suspected of being sexual predators to a "`sting house.'" (Compl. ¶¶ 11, 14, 16(a)). There, the decoy — who is an adult actor posing as a young teenager supposedly alone at home — invites the individual into the house. (DVD). After a few moments, the decoy leaves and the host of the show, NBC correspondent Chris Hansen, appears. Hansen confronts the individual and starts asking questions, such as "why are you here?" (Id.). In some instances; the individual immediately tries to run out of the house. Surprisingly, however, in many instances the individual answers Hansen's questions and allows himself to be interviewed by Hansen, who is armed with a transcript of the on-line chat. (Id.). It is apparent that most of these individuals believe that Hansen — who does not identify himself at first — is a police officer or the "father" of the decoy.² At some point, Hansen will announce: "I'm Chris Hansen with Dateline NBC." (Compl. ¶¶ 14, 16(b), (h); DVD).

Upon exiting the house, the men are arrested by the police. Several police officers display guns, force the men to the ground face down, and then handcuff them. (See Compl. ¶ 16(b), (f), (g); DVD). The men are taken to the police station where they are processed, photographed, and interviewed by a police officer, and they are eventually arraigned in court. (DVD).

All of these events — the arrival at the sting house, the initial entry into the house, the first meeting with the decoy, the conversation with Hansen, the arrest outside, the processing and interview at the police station, and the arraignment in court — are captured on camera, with video and sound equipment, including hidden cameras, provided by NBC. (Compl. ¶¶ 16(b), (g), (j); DVD). It is apparent that NBC commits substantial resources to the show. In the February 20th episode, for example: a large house was used; the police were "staked out" in a U-Haul truck parked on the adjacent property; there were shots taken from numerous angles, both inside and outside the house; there is equipment to allow night-time filming; there is equipment to monitor and record on-line chats and telephone conversations; in one shot, Hansen is standing in front of perhaps eight television monitors; and there are many individuals involved, including Perverted Justice personnel, actors, police officers, and NBC cast and crew. (DVD).

To increase ratings, Dateline seeks "to sensationalize and enhance the entertainment value" of the confrontations, and accordingly it encourages the police officers "to give a special intensity to any arrests, so as to enhance the camera effect." (Compl. ¶ 16(g), (j)). Indeed, the "mainstay of the show is public humiliation" of the individuals who are lured to the sting houses by the promise of sex with a minor. (Id. ¶ 14).

In producing "To Catch A Predator," Dateline provides equipment, money, services, and other things of value to local police departments. (Id. ¶¶ 15, 16(c)). In return, local law enforcement agrees to participate in the show, permits Dateline to videotape arrests in "dramatically-staged scenarios," provides Dateline with confidential data, and permits Hansen to interview suspects even before detectives interview them. (Id. ¶¶ 16(b), (d), (h)). Dateline has produced "Predator" segments in, among other places, Riverside County, California; Greenville, Ohio; Fort Myers, Florida; Petaluma, California; Long Beach, California; and Flagler. Beach, Florida. (Id. ¶¶ 52-59).

3. The Sting in Murphy, Texas

In the fall of 2006, Dateline decided to do a segment of "To Catch A Predator" in Murphy, Texas. (Id. ¶ 18). City officials consented, and Dateline set up a sting house in Murphy. (Id. ¶ 18-19). Over the course of four days, twenty-four men were induced to go to the Murphy house, where they were arrested. (Id. ¶ 20). As it had done in other cities, Dateline provided local law enforcement with video equipment and cameras. (Id. ¶¶ 19-20): Police officers "camped outside" the sting house, and, when Dateline personnel gave the signal, they arrested the individuals. (Id. ¶ 21).

Eventually, however, all of the charges were dropped, as the local district attorney found that none of the cases could be prosecuted. (Id.).

4. Conradt

Conradt lived in the town of Terrell in Kaufman County, Texas, about an hour's drive from Murphy. (Id. ¶ 26). He worked as an assistant prosecutor in neighboring Rockwell County and had previously served for five terms as the District Attorney in Kaufman County. (Id. ¶ 27). He resigned that post in 2002 when he ran, unsuccessfully, for a position as a district judge. (Id.). He then practiced as a defense attorney before becoming a prosecutor in Rockwell County. (Id.). He was 56 years old at the time of his death. (Id. ¶ 26).

In November 2006, during the Murphy operation, Conradt engaged in on-line communications with a decoy who had been posing as thirteen-year old boy. (See id. ¶ 28; Def. Mem. at 2; DVD). Conradt did not, however, go to the sting house. On Sunday, November 5, 2006, shortly after midnight, Hansen informed the Murphy police that Conradt had contacted a decoy online and agreed to meet at the house, but he did not appear. (Compl. ¶ 28). Dateline and the police knew that Conradt was an assistant district attorney, and the Murphy police chief described Conradt to NBC as the "chief felony prosecutor" for a neighboring county. (DVD). Hansen asked the police for a "favor," saying, "If he won't come to us, we...