Felony criminal charges against Samantha Tumpach may have been dropped after it became clear she was not trying to create a bootleg of the hit movie "Twilight Saga: New Moon," but the Chicago Tribune reported that Samantha Tumpach is now suing Muvico Theaters.
To recap, the 22-year-old was arrested after theater employees told police they caught her taping the movie with a handheld camcorder, which carries stiff penalties intended to thwart piracy. Samantha Tumpach insisted she was only taping the pre-movie festivities of her sister's birthday party, including the singing of "Happy Birthday" before the movie began.
She did, however, tape one minute and twenty-five seconds of the movie but had no intention of distributing illegal copies. She was held in jail for three days before the charges were finally dismissed.
But the damage was done, as Samantha Tumpach retained an Illinois injury attorney and sued Rosemont's Muvico theater for more than $50,000.
Her complaint claims malicious prosecution, intentional infliction of emotional distress, negligence and defamation. She was severely mistreated after the theater went way too far, her lawsuit alleges:
"She has suffered great public ridicule, embarrassment, humiliation, inconvenience, damages to her reputation and other damages."
She shot the minute-plus footage of the film in hopes of capturing "her favorite actor take his shirt off," according to the lawsuit, providing perhaps a bit of comic relief. The young woman also claims that Muvico employees called police without even telling her she couldn't record in the theater.
While no taping of any kind is allowed in most movie theaters, and technically she may have been in violation, prosecutors often consider factors that indicate intent. But when mistakes are made, Chicago injury lawyers often can help recover for legitimate claims.
Related Resources:
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Defamation: The Requirement of Fault (FindLaw)
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Brooke Hundley Sues ESPN for Defamation (FindLaw's Injured Blog)
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Call a Chicago Accident Attorney (FindLaw)
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