Seitz v. City of Elgin

Dist. Ct. did not err in dismissing plaintiff’s action against defendant-City alleging that defendant violated section 2511(1)(c)-(d) of Federal Wiretap Act (FWA) when defendant used emails between plaintiffs to initiate misconduct investigation into one plaintiff’s alleged misuse of Law Enforcement Agencies Data System to uncover information about ownership of certain cars. While section 2520 of FWA allows individuals to sue “person or entity” for violations of FWA, section 2511(1)(c)-(d), which formed basis of instant lawsuit, prohibits only “persons” from intentionally disclosing or using communications intercepted in violation of FWA, such that plaintiffs could not sue defendant for said violation since municipalities are not “persons” as contemplated section 2511(1).