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Case 10.2
EHLING V. MONMOUTH-OCEAN HOSPITAL SERVICE CORP.
United States District Court for the District of New Jersey
872 F. Supp. 2d 369; 88 A.L.R.6th 735; 2012 U.S. Dist. LEXIS 74558 [May 30, 2012]
FACTS:
Plaintiff Deborah Ehling was hired in 2004 as a registered nurse and paramedic by Monmouth-
Ocean Hospital Service Corp. (MONOC).
In July of 2008, Plaintiff took over as the acting president of the local union for Professional
Emerging Medical Services Association—New Jersey.
As president, Plaintiff was “very proactive in attempting to protect the rights and safety of her
union members’ and filed numerous complaints and charges against. MONOC.”
Defendants allegedly began engaging in a pattern of retaliatory conduct against Plaintiff which
ended with her termination in July 2011.
During 2008-2009 Plaintiff set her Facebook page to allow only her “friends” to see her “wall.”
Many of Plaintiff’s coworkers were Facebook friends, but MONOC management was not.
Plaintiff contents that MONOC gained access to her Facebook page when a supervisor coerced and
threatened another employee into accessing Ehling’s Facebook page on a work computer in the
supervisor’s presence.
One post stated: “An 88 yr. old sociopath white supremacist opened fire in the Wash. D. C.
Holocaust Museum this morning and killed an innocent guard (leaving children). Other guards
opened fire. The 88 year old was shot. He survived. I blame the D.C. paramedics. I want to say 2
things to the DC medics. 1. WHAT WERE YOU THINKING? 2. This was your opportunity to really
make a difference!”
MONOC sent letters regarding Ehling’s Facebook post to the New Jersey Board of Nursing and
Department of Health stating concern that the posting showed a disregard for patient safety.
Plaintiff filed a lawsuit for common law invasion of privacy and MONOC asked the court to dismiss
the claim.
PROCEDURE: No prior history. This is the first hearing on this matter.
ISSUE: Whether or not Ehling had an expectation of privacy in her Facebook post?
RULE: Under New Jersey law, “to state a claim for intrusion upon one’s seclusion or private affairs, a
plaintiff must allege sufficient facts to demonstrate that (1) her solitude, seclusion, or private affairs
were intentionally infringed upon and that (2) this infringement would highly offend a reasonable
person.”
REASONING:
1. On one end of the spectrum, there are cases holding that there is no reasonable expectation of
privacy for material posted to an unprotected website that anyone can view. On the other end of
the spectrum, there are cases holding that there is reasonable expectation of privacy for individual,
reasonable expectations of privacy.
ADDITIONAL INFORMATION:
Regarding invasion of privacy claims dealing with social media, what is clear is that privacy
determinations are made on a case-by-case basis in light of all the facts presented.
Plaintiff claims that Defendant also violated the New Jersey Wiretapping and Electronic
Surveillance Control Act. This act provides that: “A person is guilty of a crime of the fourth degree
if he (1) knowingly accesses without authorization a facility through which an electronic
backup to that course of transmission.”
