Elliott Greenleaf Wins Dismissal of Test Case Under Pennsylvania’s Wiretapping and Electronic Surveillance Control Act

Elliott Greenleaf won Summary Judgment on behalf of the former Luzerne County Sheriff, a Deputy Sheriff and Luzerne County in an invasion of privacy claim brought pursuant to the Fourteenth Amendment based upon a video tape recording of actions taken by the Sheriff in its office.

The Honorable A. Richard Caputo of the United States District Court for the Middle District of Pennsylvania agreed with Elliott Greenleaf and held the content of a tape recording did not rise to the level of degradation and humiliation required to sustain a federal claim of invasion of privacy and that Plaintiff’s allegations did not fall within the zone of privacy protected by the Fourteenth Amendment. Additionally, Judge Caputo agreed with Elliott Greenleaf’s argument that the search at issue here was a reasonable one and well grounded as the sheriff’s need to maintain a workplace both at the time of this circumstance and in the future outweighed the intrusion of Plaintiff’s Fourth Amendment rights by being videotaped.

Mark W. Bufalino, Paul A. Galante and Matthew J. Carmody of the Firm’s Wilkes-Barre office successfully represented the public officials.