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CA7: City surreptitiously recording work calls violated Fourth Amendment

By John Wesley Hall, Jr.

Plaintiff city employee stated a claim for a Fourth Amendment violation for the city's surreptitiously recording telephone calls to and from the department plaintiff ran. Qualified immunity also denied. Narducci v. Moore, 2009 U.S. App. LEXIS 15107 (7th Cir. July 9, 2009): Nor can this court take at face value Lemm and Moore's claim that Narducci could not have expected his phone calls to remain private in a crowded work area. Narducci claimed in his deposition testimony that when discussing a confidential matter he "went to a phone where there wasn't a lot of people working nearby." If true, this would be sufficient for the jury to conclude that Narducci had a subjective expectation of privacy when using one of the village phone lines. Lemm and Moore also argue, however, that even if Narducci had a subjective expectation of privacy it was not an objectively reasonable one...continue to full post

Full post as published by Fourth Amendment on July 13, 2009 (boomark / email).