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17-4296 - STUMM et al v. TOWN OF PITTSBORO

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17-4296 - STUMM et al v. TOWN OF PITTSBORO
March 8, 2018
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ORDER - The Plaintiffs in this case - Matthew Stumm, Jason Stumm, and Brian Helmer - are current or former Pittsboro Police officers who allege that the Chief of Police and a Police Major recorded their conversations without their knowledge and without a court order in violation of the Fourth Amendment to the U.S. Constitution. Relatedly, Plaintiffs allege that Carri Weber, a Captain with the Plainfield Police Department, violated the Federal Wiretap Act, 18 U.S.C. ยง 2510, et seq., when she used and disclosed the recorded conversations while conducting an investigation into alleged misconduct on the part of Matthew Stumm. Presently pending before the Court is a Motion to Dismiss filed by Captain Weber. [Filing No. 12.] For the reasons that follow, the Motion is GRANTED IN PART and DENIED IN PART. For the reasons explained herein, Captain Weber's Motion to Dismiss 12 is GRANTED IN PART and DENIED IN PART, as follows: (1) the Motion is GRANTED as to Mr. Helmer and Jason Stumm, and their claims against her are DISMISSED WITHOUT PREJUDICE, and (2) the Motion is DENIED as to Matthew Stumm's claim. Plaintiffs have thirty days to move to amend their Complaint if they intend to continue to pursue the claims that have been dismissed without prejudice. Failure to file an amended complaint within this time period will result in a dismissal WITH PREJUDICE with respect to such claims. (See Order). Signed by Judge Jane Magnus-Stinson on 3/8/2018. (APD)