Attorneys argued in the appellate court hearings whether the family had a right to privacy regarding the release of information such as photographs. The appellate court said they did.
The lawsuit alleges the officers forwarded the photos to personal e-mail accounts which later ended up on hundreds of other websites. O'Donnell has said he sent them to his personal e-mail to study them for educational reasons, according to Bremer's co-counsel Tyler Offenhauser.
O'Donnell still works for the CHP while Reich has retired.
City News Service contributed to this report.