Roger Dwain Epps, Samuel Lilburn Stone, III v. St. Mary's Hospital of Athens, Inc.

802 F.2d 412
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 26, 1986
Docket85-8952
StatusPublished
Cited by29 cases

This text of 802 F.2d 412 (Roger Dwain Epps, Samuel Lilburn Stone, III v. St. Mary's Hospital of Athens, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roger Dwain Epps, Samuel Lilburn Stone, III v. St. Mary's Hospital of Athens, Inc., 802 F.2d 412 (11th Cir. 1986).

Opinions

TUTTLE, Senior Circuit Judge:

This is an appeal from the grant of summary judgment on appellants’ claim for actual and punitive damages under the federal wiretapping statute, Title III of the Omnibus Crime Control and Safe Streets Act of 1968,18 U.S.C. § 2510-2520. Appellants brought suit when their telephone conversation was recorded by an employee of St. Mary’s Hospital and subsequently listened to by other employees. We affirm the grant of summary judgment.

BACKGROUND

This action arises from an incident that occurred in the Emergency Medical Services (EMS) office at St. Mary’s Hospital in Athens, Georgia on July 20, 1980. At the time, both appellants were employed by St. Mary’s Hospital as emergency medical technicians. Appellant Epps and his partner, Kyser Cartledge, were stationed at the westside substation, which is a trailer equipped with furniture, a television set, two telephones, and a map.

Appellant Stone and his partner, Stephanie Smith, were stationed in the Emergency Services principal office, located across the hall from the hospital’s emergency room. The EMS office is made up of three rooms: an inner room containing bunkbeds, a television, and a telephone; an outer room containing an assortment of furniture and a telephone; and a small storage room.

Downstairs from the EMS office is the EMS dispatch center, which houses the dispatch console into which emergency calls are made and from which EMS dispatchers notify the emergency medical technicians. Calls coming into or going out from the dispatch console are automatically recorded on a large, double-reeled tape recorder. Outgoing calls not originating in dispatch are not recorded automatically, but can be recorded manually by depressing the record button on the dispatch console.

Between 10:00 o’clock and 11:00 o’clock p.m., on July 20, 1980, appellant Stone used the westside “ringdown line” to call appellant Epps. The “ringdown line” connects the dispatch office to the westside substation. It is one of the extensions on a telephone provided to EMS by Southern Bell. When the button for this extension is depressed, the phone at the westside station rings automatically. The call, however, must first pass through Southern Bell’s central office, by way of Southern Bell Cable.

During Stone’s conversation with Epps, appellee Stephanie Smith was watching television in the adjacent room, about three feet away. She overheard Stone make disparaging remarks about appellees George Tiller, a supervisor of medical technicians, and James Maddox, a dispatch supervisor. As to Tiller, Stone stated: “Mr. Tiller had no right to tell him (Stone) what to do because he (Tiller) had no certification, and that he (Tiller) was basically the hospital’s nigger.” As to Maddox, Stone stated:

[414]*414“Mr. Maddox always had to have his nose up everybody’s else’s butt trying to figure out what was going on.”

After listening for approximately 15 minutes, appellee Smith went downstairs to the dispatch center to relieve the dispatcher on duty. She began recording the Stone-Epps conversation two or three minutes later.

The other appellees are alleged to have listened to and disclosed or used the contents of the recording.

DISCUSSION

A civil remedy is provided under 18 U.S.C. § 2520 in favor of any person whose wire or oral communication is intercepted, disclosed, or used in violation of 18 U.S.C. § 2511(1).1 To prevail under § 2520, appellants must first show that their telephone conversation was a wire communication within the meaning of 18 U.S.C. § 2510(1) or an oral communication within the meaning of 18 U.S.C. § 2510(2).

As defined by § 2510(1),
“Wire communication” means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of interstate or foreign communications.

Appellants read this definition as encompassing any communication made through the use of equipment or facilities furnished or operated by a common carrier. Appellees, on the other hand, read the definition as limited to communication which takes place over a facility or equipment that is capable of being used in interstate or foreign communications, or which is furnished for the purpose of being used in interstate or foreign communications.

We agree with the appellees’ wording but we disagree with their interpretation. They contend that the Stone-Epps conversation is not a wire communication because the “ringdown line” is not a “facility” provided or operated for the transmission of interstate or foreign communications. When considering the statute’s use of the term “facility,” appellees concentrate solely on the “ringdown line” extension. This approach, however, is too narrow. Indeed, the “ringdown line” is mere[415]*415ly one extension on a telephone provided to EMS by Southern Bell; it is not a separate entity. Thus, we believe that the entire telephone, not just the particular extension in question, is the “facility” referred to in the statute.

Since there is no allegation that the EMS telephone is not capable of interstate or foreign communication,2 we find that the Stone-Epps conversation constitutes a wire communication.

Having determined that the Stone-Epps conversation is a wire communication, we must now determine whether it was intercepted within the meaning of 18 U.S.C. § 2510(4), where “intercept” is defined as the “aural acquisition of the contents of any wire or oral communication through the use of any electronic, mechanical, or other device.” There is no interception, and thus no liability under Title III, if the aural acquisition is through the use of an instrument which falls outside the definition of “electronic, mechanical, or other device.” These terms are defined in § 2510(5). It states:

“Electronic, mechanical or other device” means any device or apparatus which can be used to intercept a wire or oral communication other than (a) any telephone or telegraph instrument, equipment or facility, or any component thereof, (i) being furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business.

This is known as the “extension phone exception,” Briggs v. American Air Filter Co., Inc., 630 F.2d 414, 425 (5th Cir.1980), or the “business extension exemption.” Watkins v. L.M. Berry & Co.,

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Bluebook (online)
802 F.2d 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roger-dwain-epps-samuel-lilburn-stone-iii-v-st-marys-hospital-of-ca11-1986.