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Keywords

defendantdamagesattorneysubpoenaleasecivil rightsdue processconfidentiality agreementpiracy
defendantdamagesattorneytrialdue process

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Cinel v. Connick, 15 F.3d 1338, 22 Media L. Rep. 1945

Facts

Dino Cinel, a former Roman Catholic priest, brought a civil rights action against various members of the district attorney's staff, private investigators, and media entities after the public release of a homemade sexually oriented video. The materials were discovered by church officials and turned over to the Orleans Parish District Attorney's Office. Cinel alleged that he provided names and addresses of other men depicted in the video under a confidentiality agreement, but the DA's office released this information, leading to civil suits against him. Cinel claimed violations of his due process rights and privacy interests due to the release of these materials.

In 1988 Dino Cinel was a Roman Catholic priest at St. Rita's Catholic Church in New Orleans, Louisiana. While Cinel was away, another priest at the rectory where Cinel lived, accidentally discovered a variety of sexually oriented materials in Cinel's room including a homemade video tape of Cinel engaged in homosexual activity, primarily with two young men, Christopher Fontaine and Ronald Tichenor.

Issue

Did the district attorney's office and associated parties violate Cinel's constitutional rights by releasing allegedly confidential materials?

Did the district attorney's office and associated parties violate Cinel's constitutional rights by releasing allegedly confidential materials?

Rule

Analysis

The court found that Cinel's claims were not ripe for adjudication as both criminal and civil proceedings were ongoing, making any alleged damages speculative. The release of names and addresses did not implicate constitutional privacy interests, and the materials were deemed to be of legitimate public concern. Furthermore, the court ruled that the DA's office did not violate due process by failing to notify Cinel of the subpoena, as there is no legal obligation to do so. Cinel's allegations of conspiracy were also insufficient as they did not demonstrate an agreement between state and private actors.

Claims by former clergyman that state district attorney's office violated his state and federal constitutional rights to due process by breaching transactional immunity agreement and his rights to fair trial by releasing allegedly confidential materials to public were premature, where both criminal and civil proceedings are still pending in state court, and any damages would be purely speculative.

Conclusion

The court affirmed the dismissal of Cinel's claims, concluding that they were premature and lacked sufficient legal basis.

The district court's judgment is affirmed as modified.

Who won?

The prevailing party in this case was the defendants, including the district attorney's office and associated private parties. The court found that Cinel's claims were not ripe for adjudication due to ongoing state proceedings, and the release of the materials was justified as they were of legitimate public concern. The court also determined that there was no violation of due process or privacy rights, leading to the dismissal of all claims against the defendants.

The prevailing party in this case was the defendants, including the district attorney's office and associated private parties, as the court found that Cinel's claims were not ripe for adjudication and lacked sufficient legal basis.

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