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UNITED STATES DISTRICT COURT DISTRICT OF MAINE

ANITA ALBERTI, PLAINTIFF v. NANCY HEWSON, SERGEANT EVERETT SMITH, CHIEF DAVID MILES, THE TOWN OF FRYEBURG, CHRISTOPHER BERNARDIN, JEFFERY KNIKKERS AND DEBBRA THOMPSON, DEFENDANTS

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CIVIL NO. 96-299-P-H

ORDER ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT

Anita Alberti has sued her neighbor, Nancy Hewson, and the Town of Fryeburg, Police Chief David Miles and Police Sergeant Everett Smith for listening to and recording, through use of a radio scanner, Alberti's cordless telephone calls. Alberti has sued for violation of state and federal communications interception statutes (Counts I and II), intentional and negligent infliction of emotional distress (Counts III and IV) and invasion of her common law right to privacy (Count V). She also seeks punitive damages against neighbor Hewson on Counts III and V. The defendants have moved for summary judgment. Their motions are GRANTED IN PART and DENIED IN PART as follows.

I. NEIGHBOR HEWSON'S MOTION FOR SUMMARY JUDGMENT A. Maine's Interception of Wire and Oral Communications Statute, 15 M.R.S.A.

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Maine Law