A surreptitiously made recording invalid by Georgia statute is still admissible in federal court. United States v. Kilpatrick, 2018 U.S. Dist. LEXIS 208799 (N.D. Ga. Nov. 1, 2018), adopted, 2018 U.S. Dist. LEXIS 208223 (N.D. Ga. Dec. 10, 2018).<\/p>\n
At the pleading stage, plaintiff overcomes qualified immunity, but doesn\u2019t tell us how. \u201cHere, viewing the allegations in the complaint in the light most favorable to the plaintiffs, the complaint stated a cause of action based upon Forbes’s conduct in connection with obtaining the search warrant (see Delgado v City of New York, 86 AD3d at 510). We cannot say at this stage of the action whether Forbes is entitled to qualified immunity.\u201d Sculti v. Finley<\/a>, 2018 N.Y. App. Div. LEXIS 8429 (2d Dept. Dec. 12, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":" A surreptitiously made recording invalid by Georgia statute is still admissible in federal court. United States v. Kilpatrick, 2018 U.S. Dist. LEXIS 208799 (N.D. Ga. Nov. 1, 2018), adopted, 2018 U.S. Dist. LEXIS 208223 (N.D. Ga. Dec. 10, 2018). At … Continue reading