United States Second Circuit

In a suit against numerous FBI agents, alleging they violated Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. sections 2510‐2522, when they listened to her private calls with her husband, the district court's denial of the agents' motion to dismiss on qualified immunity grounds is reversed where: 1) plaintiff's complaint in its present form does not plausibly state a claim because it recited only legal conclusions; and 2) in its qualified immunity analysis the district court should have assessed the reasonableness of the agents' minimization efforts as they relate to each defendant.

Appellate Information

• Decided 05/15/2015
• Published 05/15/2015

Judges

• Walker

Court

• United States Second Circuit

Counsel