Question
John is a police officer for Columbia City and uses his own personal smartphone on the job to send messages using his employer's wireless network.
John is a police officer for Columbia City and uses his own personal smartphone on the job to send 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 U.S.C Section 1983, alleging that the police department's review of the officer's text messages violated 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 phone 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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