TMZ is reporting that Eric Dane and
Rebecca Gayheart filed a lawsuit today in L.A. County Superior Court against Gawker.com, claiming the site unlawfully posted the private video. They want more than $1 million in damages.
In the video, the 'Grey's Anatomy' star and his wife filmed their naked escapades with former beauty queen
Kari Ann Peniche. During the video, Dane steps in front of and behind the camera, while filming in Peniche's apartment.
In the lawsuit, Dane and Gayheart claim Gawker.com "maliciously" distributed the video and included nude shots of the three. Their lawyer Marty Singer, is also asking for the site to pull the plug on the video.