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AMERITECH CORP. v. McCANN

No. 02-1158.

297 F.3d 582 (2002)

AMERITECH CORP., Plaintiff-Appellant, v. E. Michael McCANN, in his official capacity as District Attorney of Milwaukee County, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 22, 2002.

Attorney(s) appearing for the Case

Craig A. Knot (argued), Ameritech Corp., Chicago, IL, for Plaintiff-Appellant.

Mary Woolsey Schlaefer (argued), Office of Attorney General, Wisconsin Dept. of Justice, Madison, WI, for Defendant-Appellee.

Before FLAUM, Chief Judge, and DIANE P. WOOD and WILLIAMS, Circuit Judges.

FLAUM, Chief Judge.

Plaintiff-Appellant Ameritech Corporation ("Ameritech") sued E. Michael McCann, the District Attorney of Milwaukee County, seeking a declaration that McCann must comply with certain provisions of the Electronic Communications Privacy Act ("ECPA" or "the Act"), 18 U.S.C. § 2510 et seq. The district court granted McCann's motion to dismiss, holding that the Eleventh Amendment barred Ameritech's suit. Ameritech appeals and, for the reasons...

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