Z.P. et al v. Bryant

On February 8, 2024, plaintiffs Z.P., A.W., and M.L. filed a lawsuit in the U.S. District Court for the Northern District of Alabama against defendant Errol Gregory Bryant. The plaintiffs alleged that Bryant posted sexually explicit images and videos of them online without their consent or knowledge. They asserted claims for nonconsensual disclosure of intimate images under federal law, intentional infliction of emotional distress under Alabama law, violation of privacy under Alabama law, and injury amounting to a felony for nonconsensual distribution of intimate images. Bryant moved to dismiss the complaint, arguing it constituted a shotgun pleading and that certain counts failed to state a claim. On December 16, 2024, the court issued its ruling on the motion to dismiss.

The court granted in part and denied in part Bryant's motion to dismiss. The court dismissed Count Four for failure to state a valid claim under Alabama law, but allowed the other claims to proceed, finding they were not barred by the statute of limitations and that the complaint was not a shotgun pleading.

Whether the plaintiffs' complaint constituted a shotgun pleading; whether the claims for intentional infliction of emotional distress and violation of privacy were adequately stated; whether Z.P.'s state law claims were barred by the statute of limitations.

The case highlights the growing legal recourse for victims of nonconsensual image distribution, particularly in the digital age. It demonstrates courts' willingness to allow such claims to proceed when continuous tortious conduct is alleged, balancing victim protection against procedural defenses. The ruling also clarifies pleading standards in the Northern District of Alabama regarding shotgun pleadings.