Russ McKamey v. Justin Yerace

Summary

The memorandum addresses plaintiff Russ McKamey’s motion for partial summary judgment against Justin Yerace concerning alleged unauthorized access to McKamey’s email account and publication of private emails. The court grants summary judgment on liability under the Stored Communications Act and for invasion of privacy based on unreasonable publicity, while denying it on claims under the Computer Fraud and Abuse Act, the Tennessee Personal and Commercial Computer Act, and intentional infliction of emotional distress. The opinion also discusses the evidentiary effect of Yerace’s repeated invocation of the Fifth Amendment in the civil proceeding.

Holdings

1. For purposes of the partial-summary-judgment motion, the evidence, including Yerace's repeated statements and his invocation of the Fifth Amendment in response to questions about those statements, established that he knowingly accessed McKamey's email account without authorization.
2. McKamey was not entitled to summary judgment on his CFAA claim because he failed to present evidence establishing the required economic loss of at least $5,000.
3. McKamey was entitled to summary judgment on Yerace's liability under the Stored Communications Act because the undisputed evidence established that Yerace intentionally accessed McKamey's Yahoo email account without authorization and obtained emails in electronic storage.
4. McKamey was not entitled to summary judgment on the TPCCA claim because a genuine factual dispute remained as to whether he sustained actionable damages.
5. McKamey was entitled to summary judgment on Yerace's liability for public disclosure of private facts because posting the private emails was highly offensive to a reasonable person and the publicity element was undisputed.
6. McKamey was not entitled to summary judgment on his IIED claim because a reasonable jury could disagree both as to whether Yerace's conduct was sufficiently outrageous and whether McKamey's emotional distress was sufficiently severe.

Questions Presented

1. Whether McKamey established as a matter of law that Yerace intentionally accessed McKamey's email account without authorization for purposes of the CFAA.
2. Whether McKamey established the CFAA's required economic loss of at least $5,000.
3. Whether McKamey established Yerace's liability under the Stored Communications Act based on unauthorized intentional access to the Yahoo email account.
4. Whether a factual dispute remained concerning actionable damages under the Tennessee Personal and Commercial Computer Act.
5. Whether McKamey established liability for invasion of privacy based on unreasonable publicity to private life.
6. Whether McKamey established liability for intentional infliction of emotional distress.

Disposition

other