D.N.J.: No REP in one’s name

There is no reasonable expectation of privacy in one’s name. Livingstone v. Hugo Boss Store, 2021 U.S. Dist. LEXIS 165848 (D.N.J. Sept. 1, 2021).

Officers working off duty security came upon decedent’s car at night parked across parking spaces, and he appeared to be asleep with a gun in his lap or waistband. Startled, he woke up and started to pull the gun. One of them said “don’t do it,” but he continued and they shot and killed him. “Viewing the evidence in the light most favorable to Ms. Murray as the nonmoving party, no rational jury could find Officer Galyon did not reasonably perceive Mr. Simms was drawing his firearm. Although there are some discrepancies between Officer Galyon’s and Officer Escobar’s testimony, they are consistent on the key point: Mr. Simms was reaching for his firearm. No record evidence, direct or circumstantial, suggests otherwise.” Summary judgment properly granted. Redd v. City Of Okla. City, 2021 U.S. App. LEXIS 26396 (10th Cir. Sept. 1, 2021).*