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MALOUCHE v. JH MANAGEMENT CO., INC.

No. 87-2562.

839 F.2d 1024 (1988)

Scott MALOUCHE, Plaintiff-Appellant, v. JH MANAGEMENT CO., INC., a Georgia Corporation, Defendant-Appellee, and Durban Haralson Companies, d/b/a Carolina Inn; Richard Arsenault, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided February 22, 1988.

Attorney(s) appearing for the Case

Richard Giles Whiting (Louthian & Whiting, Columbia, S.C. on brief), for plaintiff-appellant.

Henry Dargan McMaster (John Gregg McMaster, Tompkins, McMaster, Thomas, Columbia, S.C., Alexander E. Wilson, III, Alston & Bird, Atlanta, Ga., on brief) for defendant-appellee.

Before POWELL, Associate Justice (Retired); United States Supreme Court, sitting by designation; ERVIN, Circuit Judge and BUTZNER, Senior Circuit Judge.

POWELL, Associate Justice:

The question presented is whether civil liability sought pursuant to 18 U.S.C. § 2520, for alleged unlawful wiretapping occurring prior to the 1986 amendment of 18 U.S.C. § 2511, requires proof of criminal "willfulness." We find that it does and affirm the district court's decision.

I

In February 1986, following his discharge in 1985 as food and beverage director at the Carolina Inn of Columbia, South Carolina...

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