Glazner v. Glazner

347 F.3d 1212 (2003)

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Glazner v. Glazner

United States Court of Appeals for the Eleventh Circuit
347 F.3d 1212 (2003)

DM

Facts

While divorce proceedings were pending between James Glazner (defendant) and Elisabeth Glazner (plaintiff), Mr. Glazner installed a recording device on a telephone in the couple’s home. Through it, he recorded conversations between Mrs. Glazner and third parties, none of whom had consented to being recorded. After discovering the device, Mrs. Glazner sued Mr. Glazner for violating “Title III,” the federal wiretapping statute, as well as various state laws. Mr. Glazner moved for summary judgment on the Title III claim. The district court granted it on the basis of Simpson v. Simpson, 409 F.2d 803 (1974), in which the United States Court of Appeals for the Fifth Circuit ruled that interspousal immunity shields one spouse from Title III claims brought by the other. Mrs. Glazner appealed.

Rule of Law

Issue

Holding and Reasoning (Dubina, J.)

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