Intrusion Upon Seclusion Claim-§1983 claim

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7^th Circuit Court of Appeals

Case Name: Cassandra Socha v. City of Joliet

Case No.: 23-2905

Officials: St. Eve, Kirsch, and Lee, Circuit Judges.

Focus: Intrusion Upon Seclusion Claim-§1983 claim

Cassandra Socha, a patrol officer with the Joliet Police Department (JPD), sent a text message to her neighbor criticizing her for testifying in the criminal trial of Socha’s boyfriend. Following this, a prosecutor suggested that Sergeant Edward Grizzle obtain a search warrant for Socha’s cell phone, which he did. The warrant granted authority to search for all electronic communications data. Socha handed over her phone but expressed concerns about personal content. JPD detectives used forensic software to extract all data from the phone. Subsequently, rumors circulated that explicit content from Socha’s phone had been viewed by JPD members, with two detectives admitting to having seen such content.

Socha filed a lawsuit against the City of Joliet, Sgt. Grizzle, and others, bringing multiple claims under federal and Illinois law. The Northern District of Illinois granted summary judgment in favor of Sgt. Grizzle on the § 1983 claim, citing qualified immunity. The court also ruled in favor of the City on the intrusion upon seclusion claim, rather than relinquishing supplemental jurisdiction over the Illinois law claim.

The Seventh Circuit affirmed that Sgt. Grizzle was entitled to qualified immunity and upheld the summary judgment on the §1983 claim. However, the court disagreed with the district court’s decision on the intrusion upon seclusion claim. It concluded that a reasonable jury could find that Detective McKinney intentionally and without authorization accessed Socha’s photograph. Therefore, the court reversed the grant of summary judgment on that claim and sent the case back for further proceedings. The court also instructed the district court to determine whether to exercise supplemental jurisdiction over the state law claim on remand.

Affirmed in part, reversed in part and remanded.

Decided 07/10/24

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