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Dirkes v. Borough of Runnemede

936 F. Supp. 235 (1996)

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Dirkes v. Borough of Runnemede

United States District Court for the District of New Jersey
936 F. Supp. 235 (1996)

MJ

Facts

Chester Dirkes (plaintiff) was a police officer for the Borough of Runnemede (department) (defendant). Dirkes was accused of taking pornographic materials from the decedent during a death investigation. Dirkes was charged with crimes but acquitted. The department then conducted an internal-affairs investigation into the matter. During that investigation, another officer obtained the names and rental dates of pornographic videotapes that Dirkes obtained with his wife. The officer did not obtain a warrant, subpoena, or other court order to do so. The officer simply obtained the information from a video rental store upon request. The information was then used in the administrative proceedings against Dirkes, and the department ultimately terminated Dirkes’s employment. Dirkes sued the department for (as relevant here) violating the Video Privacy Protection Act of 1988 (VPPA), seeking injunctive relief and damages. The department moved for summary judgment, arguing that it was not the proper party to be sued under the VPPA.

Rule of Law

Issue

Holding and Reasoning (Brotman, J.)

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