Villa v. Maricopa County, No. 15-15460 (9th Cir. 2017)Annotate this Case
The Ninth Circuit affirmed on different grounds the district court's dismissal of plaintiff's putative class action against Maricopa County defendants. The panel held that plaintiff lacked Article III standing to seek injunctive or declaratory relief on behalf of herself or a putative class, but that she has standing to pursue individual damages; Ariz. Rev. Stat. 13-3010(A), as applied by Maricopa County officials, was preempted by Title III, and that plaintiff's rights under 18 U.S.C. 2516(2) were violated because applications for wiretaps were not made by the "principal prosecuting attorney;" section 13-3010(H) was not preempted by Title III if it was construed to require that recordings of intercepted conversations be submitted to a court for sealing within ten days of the termination of the court's order authorizing a wiretap on each particular target line; plaintiff's rights under 18 U.S.C. 2518(8)(a) were violated because the recordings of her intercepted conversations were submitted for sealing more than a month after the termination of the order authorizing the wiretap on the target line on which her conversations were intercepted; and the law enforcement officials who violated sections 2516(2) and 2518(8)(a) were acting in good faith within the meaning of 18 U.S.C. 2520(d), and they were protected from a damage judgment.