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John is a police officer for Columbia City and uses his own personal handheld electronic device on the job to send text messages using his
John is a police officer for Columbia City and uses his own personal handheld electronic device on the job to send text messages using his employer's wireless network. Some of the text messages are work- related, and other text messages are personal in nature. Columbia City obtains transcripts of John's text messages sent while on the job and terminates John for improper conduct. John then sues the city under 42 USC. 1983, alleging that the police department's review of the officer's text messages violates the Fourth Amendment. Using the same facts as the U.S. Supreme Court case in City of Ontario v. Quon except that now the employee is using an employee- owned portable electronic device that uses the employer's wireless network, discuss whether John would prevail in the action against the city and what remedies (damages and/or injunctive relief) he would recover
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