Johnson v. Town of Duxbury, Massachusetts, No. 18-2098 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed the judgment of the district court granting summary judgment in favor of Defendants, the Town of Duxbury, Massachusetts and the Town's chief of police, and dismissing Plaintiff's complaint filed under 42 U.S.C. 1983, holding that Plaintiff could not reasonably have expected privacy in his phone service provider's cell and home phone records.
In 2015, the chief of police opened an internal investigation concerning Plaintiff, a police officer with the Town. In 2017, Plaintiff filed an amended complaint alleging that Defendants compelled Plaintiff to turn over his phone records in connection with the investigation and that this constituted an illegal warrantless search in violation of Plaintiff's Fourth Amendment rights. The district court granted summary judgment for Defendants. The First Circuit affirmed, holding that a phone subscriber has no reasonable expectation of privacy in the phone service provider's records of the numbers that the subscriber has dialed and from which the subscriber as received calls, and Defendant did not have a reasonable expectation of privacy in the records simply because he asked for a copy of the records at issue.