Jillian Kempf v. Karl Gene Kempf

ROSS, Senior Circuit Judge.

Jillian Kempf appeals the district court’s order granting summary judgment to her ex-husband, Karl Gene Kempf, in her action seeking damages for violation of Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510-2520 (Title III) (Count I) and invasion of her privacy (Count II).

On appeal, Jillian argues the district court erred in granting summary judgment; that Title III applies to interspousal wiretapping committed within the marital home. We agree and because we now explicitly hold that Title III applies to the situation at hand,…