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Warner v. McLaughlin

United States District Court, D. New Hampshire

August 12, 2016

Adelbert H. Warner, II, Kenneth J. Rowe, Kyle Olsen, and J. Randall Ismay,
v.
Det. James McLaughlin.

         Cause: 28 U.S.C. § 1331 Federal Question: Other Civil Rights

         Nature of Suit: 440 Civil Rights: Other

          Adelbert H. Warner, II, Plaintiff, Pro Se.

          Kenneth J. Rowe, Plaintiff, Pro Se.

          Kyle Olsen, Plaintiff, Pro Se.

          J. Randall Ismay, Plaintiff, Pro Se.

          James F. McLaughlin, Defendant, represented by John A. Curran, Curtin Murphy & O'Reilly PC.

          REPORT AND RECOMMENDATION

          ANDREA K. JOHNSTONE, Magistrate Judge.

         Before the court is plaintiffs' complaint (doc. no. 1) in this matter, alleging violations of the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et seq. ("ECPA"), and seeking relief under 18 U.S.C. § 2520. Because plaintiffs are prisoners proceeding pro se, [1] the matter is before the court for preliminary review, pursuant to 28 U.S.C. § 1915A(a) and LR 4.3(d)(1).[2] Also before the court for consideration is plaintiffs' motion for default judgment (doc. no. 6), defendant's objection thereto (doc. no. 9), and plaintiffs' response to the objection (doc. no. 11).

         Background

         Plaintiffs are federal prison inmates serving lengthy prison sentences for offenses related to the distribution and/or production of child pornography. See, e.g., United States v. Warner, No. 1:08-cr-063-PLM (W.D. Mich.); United States v. Rowe, No. 5:10-cr-019-KKC-REW (E.D. Ky.); United States v. Olsen, No. 1:10-cr-374 (N.D. Ill.); United States v. Ismay, No. 8:08-cr-39-AG (C.D. Cal.). Each of their convictions arose out of investigations conducted, at least in part, by Detective James McLaughlin of the Keene (New Hampshire) Police Department. Plaintiffs engaged in online conversations with McLaughlin, who was posing as an adolescent boy, by way of instant messaging, private chats, and/or e-mail. The online communication between McLaughlin and the plaintiffs included each plaintiff sending McLaughlin digital images constituting child pornography. Each case resulted in criminal convictions.

         Discussion

         I. ...


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