In Conradt v. NBC Universal, Inc. , Patricia Conradt filed suit to recover $105 million from NBC Universal, Inc. for allegedly causing her brother's suicide and harming his reputation.
The network featured a reality television program, called " To Catch a Predator ," which lured potential sex offenders to a home by promising them a rendezvous with a minor.
In November of 2006, former Texas assistant district attorney Louis Conradt allegedly solicited a 13-year-old boy online and was unknowingly going to appear on the show. When Louis failed to appear, the program's crew decided to confront Conradt at his home.
Once warrants were secured, police officers and camera crew arrived at Conradt's home, waited in his front yard until a SWAT team arrived, and officers eventually found Conradt standing in the hallway of his home with a gun to his head. Shortly thereafter, he shot himself and later died at a Dallas hospital.
Patricia contended "there was no legitimate law enforcement need for a heavily armed SWAT team to extract a 56-year old prosecutor from his home," and the arrest was enhanced only for "entertainment value."
As Administrator of Louis's estate, Patricia filed suit in the United States District Court of the Southern District of New York (SDNY) claiming RICO -- Racketeer Influenced Corrupt Organization -- and civil rights violations, intentional infliction of emotional distress (IIED), negligence, and unjust enrichment. She also asserted "intentional intrusion on the right to be left alone, intentional disclosure of private facts, IIED, and negligence on her own behalf."
NBC alleged it owed no duty to Louis and that his Constitutional rights weren't violated and sought the case's dismissal on the grounds Patricia failed to "state a claim on which relief could be granted."
In order to assert a civil rights claim, Patricia needed to allege NBC acted "under color of state law" and its actions "deprived [Louis] of his constitutional rights or privileges." While NBC is a private company, the SDNY was of the opinion teaming up with Texas police was enough to impute the officers' actions to the network. As for the second element, Patricia argued that Louis's Fourth (unreasonable searches and seizures) and Fourteenth Amendment (due process) rights were violated.
The SDNY believed a jury could find "intrusion on the decedent's privacy as to his arrest outweighed legitimate government interests" and the defendants had a duty to minimize harm. Since a jury could conclude NBC and the police acted with "deliberate indifference and in a manner that would shock the conscience" violative of the Fourth and Fourteenth Amendments, the SDNY refused to dismiss the civil rights claims. It further held the Estate's IIED claim was maintainable because it was possible for Patricia to show Louis suffered emotionally and it was debatable whether NBC 's conduct was "outrageous and extreme."
The SDNY dismissed the RICO claim based on Patricia's failure to allege NBC and the RICO "enterprise" were "separate and distinct," as required by governing law.
The SDNY was also unreceptive to the Estate's claims of negligence and unjust enrichment. Although Patricia argued NBC owed her brother a duty "not to push law enforcement agencies to do what they otherwise would not do and to protect against such risks as suicide," the claim "clearly sounded [like] intentional and reckless - and not negligent - conduct," and was dismissed. In the absence of an implied or quasi-contract relationship, the unjust enrichment theory also couldn't survive.
The SDNY further concluded Patricia lacked "standing" to assert intentional intrusion, intentional disclosure and IIED claims on her own behalf because the network's conduct wasn't "about or directed at" her. And her "negligence" claim was stricken for the same reason the Estate's claim faltered.
Since the case later settled for an "undisclosed sum," this is one Predator you won't catch at Foley Square.
To download a copy of the District Court's decision, please use this link: Conradt v. NBC Universal, Inc.