Berry, Steven K. v. Funk, Sherman M.

SILBERMAN, Circuit Judge:

Steven K. Berry, former Acting Assistant Secretary of State for Legislative Affairs, complained that various present and former State Department officials and employees monitored his telephone conversations with Elizabeth Tamposi, former Assistant Secretary of State for Consular Affairs, and used and disclosed the contents of these calls in violation of the federal wiretap statute and the Fourth Amendment. The district court granted summary judgment for the defendants. We vacate and remand for further proceedings.

I

The facts before us are drawn from appellant’s…