Boudreau v. Automatic Temperature Controls, Inc.Annotate this Case
The Supreme Court affirmed the judgment of the superior court granting summary judgment in favor of Defendants on Plaintiff's complaint alleging various claims under, inter alia, the Rhode Island Wiretap Act, state privacy laws, and federal laws after Defendants installed software on Plaintiff's work computer without his knowledge that intercepted Plaintiff's emails and online activities, holding that summary judgment was properly granted.
Plaintiff was employed by Defendants before his arrest and eventual conviction for possession of child pornography. Defendant had installed tracking software on Plaintiff's work computer that recorded Plaintiff's online activities and emailed the record to Defendants. The hearing justice found that the intercepted information was disclosed to the police department, leading to Plaintiff's arrest and conviction, that the claims set forth in Plaintiff's complaint were barred by limitations, and that there was no evidence indicating that Defendants had fraudulently concealed the conduct that formed the basis of Plaintiff's computer crime claims. The Supreme Court affirmed, holding (1) Plaintiff's claims were time-barred; (2) Plaintiff could not benefit from the tolling provisions of R.I. Gen. Laws 9-1-20; and (3) the continuing violation doctrine did not apply to Plaintiff's Rhode Island Wiretap Act claim against Defendants.