E. Dist of New York grants motion to dismiss on Fourth Amendment based Section 1983 lawsuit.

This pro se civil rights lawsuit pursuant to 42 U.S.C. § 1983 illustrates the danger of advocacy in court without knowing your facts. Here, defendants Sprint Corporation and a couple of individuals made motions to dismiss which the District Court granted.

The lawsuit started with allegations that one defendant wrote a letter to [his] cell phone carrier Sprint requesting copies of [his] phone records without a court order or a subpoena, or warrant, which was granted.

As it turned out, there was a subpoena, so the Plaintiff invoked Carpenter to say that’s not enough. Doubling the problem, the records in question are not cell site location records. The Court relied on this as well as the good faith exception Second Circuit case of Zodhiates to grant the motion.

The case is Brown v. Sprint Corp. Sec. Specialist, 2019 U.S. Dist. LEXIS 16641, 2019 WL 418100 (E.D. NY) January 31, 2019.

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