ELISABETH GLAZNER, Plaintiff-Appellant, versus JAMES GLAZNER, Defendant-Appellee. No. 02-11799 UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT 2003 U.S. App. LEXIS 21014 October 16, 2003, Decided October 16, 2003, Filed After being married 19 years, James Glazner ("James") filed for divorce against his wife, Elisabeth Glazner ("Elisabeth"). During the divorce proceedings, James put a recording device on a telephone in the marital home. The device recorded a number of conversations between Elisabeth and third parties without the consent of any party to the conversations. Elisabeth discovered the device and filed a complaint in the United States District Court for the Northern District of Alabama against James seeking damages as a result of an alleged violation [*3] of Title III, and damages for a number of state law claims. Elisabeth based her federal claim on the wiretapping provisions of Title III, 18 U.S.C. §§ 2510-22. HN2Parts of that law prohibit non-consensual recordings of private conversations, subject to certain specified exceptions, and authorize civil remedies on behalf of those who suffer violations of the statutory provisions. During the course of the litigation, James filed a motion for summary judgment. Notwithstanding a finding by the district court that James wiretapped Elisabeth's conversations with third parties, the district court granted James's motion for summary judgment based on Simpson, which read an interspousal exemption into the provisions of Title III. The district court dismissed Elisabeth's state law claims without prejudice under 28 U.S.C. § 1367(c). Elisabeth filed a timely notice of appeal of the district court's judgment. Even though the panel opinion was critical of the Simpson decision and concluded that it should be overruled, the panel recognized that HN3under the prior panel precedent rule, the panel was bound to follow the Simpson decision unless and [*4] until it was overruled by this court sitting en banc or by the Supreme Court. See Saxton v. ACF Indus., Inc., 254 F.3d 959, 960 n.1 (11th Cir. 2001) (en banc); Smith v. GTE Corp., 236 F.3d 1292, 1300 n.8 (11th Cir. 2001); United States v. Steele, 147 F.3d 1316, 1317-18 (11th Cir. 1998) (en banc). Based on Simpson, the panel decision affirmed the district court's grant of summary judgment in favor of James. We subsequently entered an order granting Elisabeth's petition for rehearing and vacating the panel opinion. See Glazner, 321 F.3d at 1336. ... For the foregoing reasons, we overrule Simpson and hold that no interspousal wiretapping exception exists in Title III. We also hold that this new rule abolishing the interspousal exception in Simpson applies retroactively. Accordingly, we REVERSE the district court's grant of James's motion for summary judgment and REMAND this case for further proceedings consistent with this opinion. _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
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