Woman in Luster Case Sues CBS Over Video

A $30-million lawsuit has been filed against CBS Broadcasting Inc. and several individuals for allegedly illegally obtaining and televising a video showing a drugged woman being sexually assaulted by convicted rapist Andrew Luster.

The lawsuit, filed Tuesday, alleges the CBS program “48 Hours” violated a court order and in February 2003 aired the video that showed the plaintiff known as “Lynn Doe” and Luster, 39, the great-grandson of cosmetics magnate Max Factor. It did not show the woman’s face.

Luster was convicted in January 2003 of raping three women in 1996, 1997 and 2000 after knocking them out with a potent anesthetic known as gamma hydroxybutyrate, or GHB. He is serving a 124-year sentence at Salinas Valley State Prison in Monterey County.

“This was shown during sweeps week, and it’s the ultimate example of how networks focus on reality TV without regard to the impact it has on innocent people,” said the plaintiff’s attorney, Barry Novack.

“This tape was never supposed to be seen outside of the courtroom. CBS profited from showing the video, and there are remedies in law to obtain unlawfully obtained profits,” he said.

In addition to CBS, the lawsuit names several of the network’s employees; Luster’s attorneys, Roger Jon Diamond and Kiana Sloan-Hilier; and Luster’s mother, Elizabeth Luster. Elizabeth Luster is accused in the suit of invading the plaintiff’s right to privacy by “providing and disclosing the tapes” to CBS.

One of the defendants is Susan Zirinsky, the executive producer of “48 Hours,” based in New York.

“We have not seen the lawsuit,” Zirinsky said. “We’ll take a look at it, and comment on it at the appropriate time.”

The lawsuit, which alleges negligence and invasion of privacy, seeks $27 million in punitive damages and $3 million in compensatory damages.

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Times staff writer Meg James contributed to this report.