Fannie Garcia v. City of Laredo, Texas
702 F.3d 788
| 5th Cir. | 2012Background
- Garcia, former police dispatcher, sues alleging SCA violation for access to contents of her cell phone.
- A police officer’s wife took Garcia’s unlocked phone from a substation locker and accessed text messages and photos.
- Investigators later downloaded a video and 32 images from the phone; text messages were not downloaded.
- Internal investigation relied on material from the phone to conclude policy violations, leading to Garcia’s termination.
- The district court granted summary judgment for Defendants; Garcia appealed the SCA issue; the court affirmed the grant of summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the SCA apply to data stored on a personal cell phone? | Garcia argues the SCA protects all text/data on her phone. | Defendants contend the SCA does not cover personal devices’ data. | SCA does not apply to data stored on personal cell phones. |
| Is a personal device a 'facility' through which an ECS is provided? | Garcia treats the phone as a facility storing communications. | Defendants say the statute protects facilities operated by ECS providers, not end-user devices. | Personal device is not a facility under the SCA. |
| Was the district court's handling of the recusal motion proper? | Garcia alleges impartiality issues warrant recusal. | Defendants argue no abuse of discretion; judge did not abuse recusal standards. | Recusal denial was not an abuse of discretion. |
Key Cases Cited
- Steve Jackson Games, Inc. v. United States Secret Service, 36 F.3d 457 (5th Cir. 1994) (SCA coverage of a BBS system; information stored by a provider)
- United States v. Steiger, 318 F.3d 1039 (11th Cir. 2003) (SCA applies to provider storage, not end-user computer storage)
- United States v. Councilman, 418 F.3d 67 (1st Cir. 2005) (SCA applies to providers, not individual end-user devices)