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27.9.05

Eighth Circuit Affirms Dismissal Of Invasion Of Privacy Claims Arising Out Of Search Of Employee's Office Computer, Gerald Biby v. Board of Regents of the University of Nebraska at Lincoln, et al., No. 04-3878 (8th Cir., August 22, 2005). The Eighth Circuit, affirming the court below, dismisses invasion of privacy claims brought by an employee of a state university under the Fourth and Fourteenth Amendments arising out of the search of his office computer by University employees. The University undertook the search in connection with a discovery request in a pending arbitration. As a result of documents discovered in this search, the University terminated plaintiff. The Eighth Circuit held that plaintiff's claims failed, both because plaintiff had no reasonable expectation of privacy in his computer in light of the University's computer policy, and because the search was reasonable given its scope and motivation.

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