Drimal v. Makol, No. 13-2963 (2d Cir. 2015)
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Plaintiff filed suit against FBI agents alleging that they violated Title III of the Omnibus Crime
Control and Safe Streets Act of 1968, 18 U.S.C. 2510‐2522, when they listened to her private calls with her husband. The agents had an authorized wiretap on the telephone of plaintiff's husband as part of an investigation into a conspiracy to commit securities fraud. The calls were intercepted during the authorized wiretap. The district court denied defendants' motion to dismiss. The court reversed and remanded, holding that the complaint does not plausibly state a claim because it recites only legal conclusions. The court also concluded that the district court, in its qualified immunity analysis, should have assessed the reasonableness of the agents' minimization efforts as they relate to each defendant.
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