Pat Birmingham v. Michael Schacher, Ben Hicks, Glenn Faber

70 F.3d 119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Pat BIRMINGHAM, Plaintiff-Appellant, v. Michael SCHACHER, Ben Hicks, Glenn Faber, Defendants-Appellees. No. 94-35685. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 17, 1995. Decided Nov. 7, 1995. Before: WALLACE, Chief Judge, D.W. NELSON and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Hicks, a federal customs agent, intercepted and recorded a telephone conversation between appellant Birmingham, who was using a standard hard wired phone, and another individual, who was using a cordless phone. Hicks gave the recording to state law enforcement agents. Birmingham filed suit against Hicks and the state agents alleging violation of the Fourth Amendment and state and federal communications statutes. He sought damages under 42 U.S.C. Sec. 1983 and Or.Rev.Stat. Sec. 133.739. The district court granted summary judgment to all parties on the federal claims and to Hicks on the state claim, but…