Sharon Margaret Pavlak, Cross-Appellee v. John R. Church, Individually and in His Capacity as Chief of Police for the City of Boise, Cross-Appellants

The question now before us is whether the two year statute of limitations provided in § 415(b) of the Federal Communications Act, 47 U.S.C. § 415 (b), applies to claims against a telephone company arising out of providing equipment to a police department that conducted illegal wiretapping. We conclude it does apply and remand for a determination of whether the complaint against the telephone company is time barred.

The case is before us on remand from the Supreme Court. In 1976 and 1977 the Boise City Police Department allegedly conducted an illegal surveillance program which included the wiretapping of a telephone in Boise. Plaintiff Sharon Pavlak made several calls to, and received several calls from, the particular phone number. She claims Mountain States Telephone and Telegraph Co. (“Mountain States”) aided the illegal wiretapping.

Pavlak learned of the surveillance and filed this suit, alleging causes of action under 42 U.S.C. §§ 1983 , 1985(3), and 1986; 18 U.S.C. § 2520 ; and 47 U.S.C. § 605 . The district court granted both Boise and Mountain States summary judgment, finding that a three year statute of limitations, Idaho Code § 5-218 (1979), applied to the action and…