Dist. Ct. did not err in dismissing plaintiff’s action alleging that defendants-participants in Wisconsin “John Doe” proceeding violated Stored Communications Act (Act) when defendants obtained search warrants from state court judge that sought plaintiff’s electronic records as part of investigation into alleged illegal campaign coordination between certain issue-advocacy groups and candidate for elected office, where defendants executed said warrants through internet service without giving notice to plaintiff. Plaintiff conceded that search warrants issued by state court judge were valid pursuant to Wisc. law, and defendants otherwise were entitled to assert Act’s good-faith defense, where defendants followed prescribed procedures of John Doe investigation when seeking search warrants and in investigating possible violations of state’s election laws. Fact that instant warrants were subsequently quashed by change in law did not preclude defendants from asserting good-faith defense. Moreover, defendants were also entitled to qualified immunity, where plaintiff’s claim that instant trial court judge lacked authority under Act to issue said warrants was not clearly established at time of alleged violation.
Federal 7th Circuit Court
Civil Court
Stored Communications Act