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Kee v. City of Rowlett Texas

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Appeal from the United States District Court for the Northern District of Texas

Plaintiffs-Appellants Darlie Kee and Darin Routier appeal the district court’s grant of summary judgment in favor of Defendants-Appellees the City of Rowlett, police officers Jimmy Ray Patterson and Chris Frosch, and Assistant District Attorney Greg Davis. The district court held that the placement of an electronic surveillance microphone at an outdoor grave site memorial service, which intercepted Kee and Routier’s communications, did not violate constitutional or statutory rights and therefore did not provide a predicate for their claims under 42 U.S.C. � 1983 and 18 U.S.C. � 2511. The district court reasoned that Kee and Routier failed to demonstrate that they possessed a reasonable expectation of privacy regarding their oral communications at the grave site memorial service. For the following reasons, we AFFIRM.

I. FACTUAL AND PROCEDURAL BACKGROUND

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