No restraining order against uncle posting family photos on Facebook

Court refuses to consider common law invasion of privacy tort to support restraining order under Minnesota statute.

Olson v. LaBrie, 2012 WL 426585 (Minn. App. February 13, 2012)

Appellant sought a restraining order against his uncle, saying that his uncle engaged in harassment by posting family photos of appellant (including one of him in front of a Christmas tree) and mean commentary on Facebook. The trial court denied the restraining order. Appellant sought review with the state appellate court. On appeal, the court affirmed the denial of the restraining order.

It found that the photos and the commentary were mean and disrespectful, but that they could not form the basis for harassment. The court held that whether harassment occurred depended only on a reading of the statute (which provides, among other things, that a restraining order is appropriate to guard against “substantial adverse effects” on the privacy of another). It was not appropriate, the court held, to look to tort law on privacy to determine whether the statute called for a restraining order.