Court Rules City Could Be Liable for DA’s Illegal Wiretapping of Colleague

On March 1, 2019, ECBA won a significant victory on behalf of Stephanie Rosenfeld, a victim of a months-long illegal wiretap scheme perpetrated by an Assistant District Attorney in Brooklyn. Rejecting the City of New York’s efforts to absolve itself of any responsibility for the misconduct of one of its employees, the Court ruled that the City could be held liable for the unlawful wiretapping scheme under the Wiretap Act, the Stored Communications Act, the U.S. Constitution, and state law. The case is now proceeding to discovery against the City of New York, the Assistant District Attorney who conducted the illegal wiretaps, and other officials within the Brooklyn DA’s office.

Richard D. Emery, Sam Shapiro, and Jessica Clarke represent Ms. Rosenfeld.

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