GARCIA v. CITY OF LAREDO, TEX.

No. 11-41118.

702 F.3d 788 (2012)

Fannie GARCIA, Plaintiff-Appellant, v. CITY OF LAREDO, TEXAS, A Home Rule City; Carlos Maldonado, Chief of the City of Laredo, TX Police Department, Individually and in His Official Capacity; Cynthia Collazo, Deputy City Manager of the City of Laredo, TX, Individually and in Her Official Capacity; Gilbert Navarro, Former Interim/Acting Chief of the Police Department of the City of Laredo, TX, Individually and in His Official Capacity; Gilbert Magana, Investigator, Internal Affairs Division of the Police Department of the City of Laredo, TX, Individually and in His Official Capacity; Steven Moncevais, Crime Scene Unit Investigator of the Police Department of the City of Laredo, TX, Individually and in His Official Capacity; Raquel Buenrostro, Conspirator, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 12, 2012.


Attorney(s) appearing for the Case

Bruce Wayne Cobb , Conley & Schexnaider, Beaumont, TX, Murray Edward Malakoff , Maple Plaza Law Center, Dallas, TX, for Plaintiff-Appellant.

Albert Lopez , Law Office of Albert Lopez, San Antonio, TX, for Defendants-Appellees.

Before DAVIS, JONES and SMITH, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

In this appeal, Plaintiff-Appellant Fannie Garcia ("Garcia") contends the district court's interpretation of the Stored Communications Act was erroneous. Garcia alleges that the statute applies and protects all text and data stored on her personal cell phone which the Defendants accessed without Garcia's permission. We conclude that the Stored Communications Act, which prohibits accessing without authorization a facility through which...

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