Editor's note: The federal lawsuit filed by several Navy SEALs and the wife of a special forces member was replaced by a lawsuit filed March 21 in federal court in San Diego to add federal copyright-infringement allegations.
LOS ANGELES — Six members of a Navy special forces unit and two Navy wives
sued the Associated Press yesterday, saying the news agency endangered the
servicemen's lives and invaded their privacy by publishing photos showing the
men interacting with Iraqi prisoners.
The lawsuit says the agency erred by not obscuring the identity of the six
SEALs in photos that accompanied a story distributed worldwide earlier this
month, contending publication of the photos jeopardizes future covert operations
and harms the servicemen's careers.
"There was no need for the AP to publish the faces of the SEALs," James W.
Huston, an attorney representing the plaintiffs, said in a press release. "In
fact, the SEALs showed more respect for the insurgents and terrorists that they
were apprehending by obscuring their faces than the AP did for the Navy SEALs
who were in Iraq risking their lives."
The story was written by San Diego reporter Seth Hettena, who is named as a
defendant. The story did not name the Navy members or the wife who posted the
photos on what she believed was a private Web site.
"We believe that none of the claims have any solid basis in the law as we
understand it," said Dave Tomlin, AP's assistant general counsel. "We intend to
defend ourselves and our reporter vigorously and, we expect, successfully."
The lawsuit, filed in San Diego County Superior Court, states that Hettena
took the photos from a Navy wife's "personal digital photo album without notice
or permission." It says that the woman, identified only as "Jane Doe," believed
the nearly 1,800 photos she posted on the Internet site were protected from
access by unauthorized users and required a password to view.
The initial AP story, transmitted Dec. 3, noted that the photos were found on
the commercial photo-sharing Web site Smugmug.com using the search engine
Google, and were not password-protected until after the reporter purchased
copies online and began inquiries.
The story said the photos appear to show Navy SEALs in Iraq sitting on hooded
and handcuffed detainees and also what appear to be bloodied prisoners, one with
a gun to his head. It noted that the Navy had launched a formal investigation
into the photographs after being shown them by an AP reporter, adding that the
photos did not necessarily depict any illegal activities.
The AP later reported that the Navy's preliminary findings showed most of the
15 photos transmitted by the agency were taken for legitimate
intelligence-gathering purposes and showed commandos using approved
procedures.
The AP noted that the Navy has expanded its investigation into additional
photos, however, a process that could take up to a month and result in
disciplinary action.
The lawsuit asks for unspecified damages, including punitive damages, and a
preliminary injunction barring the AP from further use of the photos and
requiring the news agency to protect the SEALs' identities.
It contends that at least two wives of the SEALs pictured have received daily
harassing and threatening phone calls since the photos were published, and
alleges intentional infliction of emotional distress.
Taylor Clark, a spokesman for Naval Special Warfare Command, declined comment
on the suit, calling it a private matter.