Hougum v. Valley Memorial Homes
North Dakota Supreme Court
574 N.W.2d 812 (1998)
- Written by Miller Jozwiak, JD
Facts
Moran, a loss-prevention manager for Sears, Roebuck and Company (Sears) (defendant), went into Sears’s public restroom to use the toilet. The toilet stall was next to another stall, and there was a small hole in the partition between the stalls. There was no evidence that Sears had drilled the hole; instead, evidence showed that the department store had covered the hole with a metal plate and that unknown persons repeatedly removed the plate. Moran reached down to grab toilet paper when he saw Daniel Hougum (plaintiff) masturbating in the next stall. Moran called the police, and Hougum was arrested. Hougum, an ordained minister, lost his job as a chaplain as a result of the incident and later pleaded guilty to disorderly conduct. Hougum sued Sears (among others) for, as relevant here, invasion of privacy by intrusion on seclusion. The trial court granted Sears’s motion for summary judgment, and Hougum appealed.
Rule of Law
Issue
Holding and Reasoning (Neumann, J.)
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