United States First Circuit

In an action by current and former employees, and their families, of the police and fire departments, against defendant-city and several city employees claiming that the automatic recording system at a city building complex violated their rights, judgment in favor of plaintiffs is reversed where: 1) city employees are entitled to qualified immunity as there was no clearly established law that public safety employees had a clearly established right under the Fourth Amendment not to have calls made at work recorded; 2) the city is entitled to judgment on the Fourth Amendment claims; 3) defendants are entitled to judgment on the state constitutional claims as well; 4) the city is entitled to dismissal of the claims against it under the state wiretap law; and 5) trial error from the jury verdict form affected all remaining claims, and thus, state wiretap claims against the communications director and the state privacy act claims against all three defendants are dismissed.

Appellate Information

• Decided 02/23/2010
• Published 02/23/2010

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, BOUDIN, Circuit Judge, and SAYLOR, District Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Carolyn A. Mannis with whom Mark A. Fay was on brief for the appellees/cross-appellants., Kevin F. McHugh, Senior Assistant City Solicitor, with whom Joseph M. Fernandez City Solicitor, and Michael A. Calise, Assistant City Solicitor, were on brief for the appellants/cross-appellees City of Providence, David N. Cicilline, and Dean Esserman., Peter J. Comerford with whom Coia & Lepore, Ltd. was on brief for the appellant/cross-appellee Manuel Vieira., Dean G. Robinson for the appellant/cross-appellee Mary Lennon.