Elmore v. Atlantic Zayre, Inc.

178 Ga. App. 25, 341 S.E.2d 905 (1986)

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Elmore v. Atlantic Zayre, Inc.

Georgia Court of Appeals
178 Ga. App. 25, 341 S.E.2d 905 (1986)

Facts

A customer at Atlantic Zayre, Inc. (Zayre) (defendant) reported so-called homosexual activity taking place in Zayre’s restroom. Zayre’s loss-prevention manager, Cox, investigated in response. After going into the restroom, Cox believed that the reported activity was occurring. Specifically, Cox later claimed that several men were waiting for particular toilet stalls, even though other stalls were not occupied. Cox then went into a storage area above the restroom and, through a crack in the ceiling, observed the activity. Elmore (plaintiff) was arrested for sodomy based on these observations. Although Elmore pleaded guilty, he did not admit to the actual commission of the act. Elmore then sued Zayre for invasion of privacy by Cox. Zayre moved for summary judgment, which the district court granted. Elmore appealed, arguing that there was a factual issue as to whether Cox had invaded his privacy.

Rule of Law

Issue

Holding and Reasoning (Carley, J.)

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