From Judge David Godbey's opinion today in Hazlewood v. Netflix, Inc. (N.D. Tex.):
This case arises from the use of a photograph of Plaintiff Taylor Hazlewood in the film The Hatchet Wielding Hitchhiker ("the Film"), published by Defendant Netflix, Inc. in early 2023. The Film is a true crime documentary about Caleb McGillvary, a hitchhiker who achieved viral media attention after rescuing a woman from an attack but was later convicted of the murder of a man named Joseph Galfy.
The Film includes the use of a photograph of Hazlewood holding a hatchet. Hazlewood alleges that the photograph was taken from his personal Instagram page without his knowledge or permission. Hazlewood also alleges that the photograph is unrelated to McGillvary and is used out of context in the Film…..
Hazlewood has met his burden to make out a plausible claim of defamation…. Hazlewood alleged that Netflix published a film including his image. The image was accompanied by audio and text stating "Is this a guardian angel or a stone-cold killer?" and "You can never trust anyone." Hazlewood alleged that the use of his image in this context paints him in a "sinister and defamatory light" and implies a connection between Hazlewood and McGillvary that does not exist. Hazlewood included in his complaint a sample of messages from individuals expressing concern and confusion over his involvement in the Film and his connection to the incident involving McGillvary. This includes an instance in which a friend's mother believed, based on Hazlewood's appearance in the film, that he was connected to McGillvary or was himself a murderer….
Hazlewood's complaint also alleged that Netflix "exercised no due diligence procedures" regarding the context of the photograph and did not ask his permission to use the photograph. This allegation goes to whether Netflix acted with the requisite degree of fault for a defamation claim. If the plaintiff is a private individual, the degree of fault that must be shown is mere negligence. The allegation that Netflix failed to determine the context and ownership of the photograph before using it is sufficient to establish a plausible claim that Netflix was negligent with regard to the use of the photograph and the truth of the statement associated with it in the film.
