A story in the Saturday Sun-Times caught my attention: “Appellate court sides with cops, Says paper broke law in publishing heights, weights in police lineup.” (Thanks to a reader for finding the link.)
In any event, it turns out that the Sun-Times got the height and weight information for a story from the police officers’ drivers license data.
That violates the Federal Privacy Protection Act, Appellate Judge Joel Flaum ruled.
“The Chicago Sun-Times broke the law when it published the [information about policemen in a line up],” the paper starts its story.
The Judge ruled that the information published “…intruded on their privacy…”
Publication of the information would have been OK, if it had been obtained from somewhere other than the Secretary of State’s data base.
The article points out the legal effect of the ruling is that the policemen can continue their suit against the paper.
Former Sheriff’s candidate Andy Zinke had a problem similar to that of the Sun-Times.
After writing the above, I decided to check the Federal Court records and found that former Undersheriff Andrew Zinke’s is no longer being sued.
I discovered that attorney Robert Hanlon on behalf of Sondra Matterness, owner of the car whose plates Zinke ran filed a “voluntary dismissal” last Wednesday:
Plaintiff, Sondra Matterness, under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil
Procedure, hereby dismisses the Amended Complaint against Andrew Zinke (“Defendants”), without prejudice.
The Defendants have filed neither an answer to the Complaint nor a motion for summary judgment as to the Complaint. Dismissal under Rule 41(a)(1)(A)(i) is therefore appropriate.
= = = = =
I’m hoping a lawyer reader might tell us what that means beyond the obvious that the case is over.