WALDEN v. CITY OF PROVIDENCE, R.I.

Nos. 08-1534, 08-1535, 08-1536, 08-2417.

596 F.3d 38 (2010)

Thomas WALDEN, et al., Plaintiffs, Appellees, Cross-Appellants, v. CITY OF PROVIDENCE, RHODE ISLAND, by and through its Treasurer, Stephen Napolitano; David Cicilline, in his official capacity as Mayor and Acting Public Safety Commissioner for the City of Providence; Colonel Dean Esserman, in his official capacity as the Chief of Police for the City of Providence, Defendants, Appellants, Cross-Appellees. Thomas Walden, et al., Plaintiffs, Appellees, Cross-Appellants, v. Mary Lennon, individually and in her former official capacity as the Chief of Operations of the Communications Department, Defendant, Appellant, Cross-Appellee. Thomas Walden, et al., Plaintiffs, Appellees, Cross-Appellants, v. Manuel Vieira, individually and in his former official capacity as the Communications Director, Defendant, Appellant, Cross-Appellee. Thomas Walden, et al., Plaintiffs, Appellees, Cross-Appellants, v. City of Providence, et al., Defendants, Appellants, Cross-Appellees.

United States Court of Appeals, First Circuit.

Decided February 23, 2010.


Attorney(s) appearing for the Case

Carolyn A. Mannis with whom Mark A. Fay was on brief for the appellees/cross-appellants.

Kevin F. McHugh, Senior Assistant City Solicitor, with whom Joseph M. Fernandez City Solicitor, and Michael A. Calise, Assistant City Solicitor, were on brief for the appellants/cross-appellees City of Providence, David N. Cicilline, and Dean Esserman.

Peter J. Comerford with whom Coia & Lepore, Ltd. was on brief for the appellant/cross-appellee Manuel Vieira.

Dean G. Robinson for the appellant/cross-appellee Mary Lennon.

Before LYNCH, Chief Judge, BOUDIN, Circuit Judge, and SAYLOR, District Judge.


LYNCH, Chief Judge.

In July 2004, two groups of current and former employees of the Police and Fire Departments of the City of Providence, Rhode Island, and their families, sued the City and several City employees in their personal capacities. An automatic recording system at the City's new Public Safety Complex ("Complex"), which housed the Police and Fire Departments, recorded all telephone calls into and out of the Complex from the time the telephone system began...

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