Illegal wiretap used as claim

[hermano]

It sounds incredible but I am being sued by a crazy ex-brother in law (an attorney, yet), who is attempting to use content in conversations that he obtained by illegal eavesdropping in private telephone conversations with my sister, in his complaint. Obviously the evidence itself is inadmissible, but I am wondering how best to get a judge to rule that he's violated federal wiretap laws and have sanctions imposed. (The evidence is irrefutable). A big problem is that neither the FBI nor the local police are willing to do anything about this, including even bothering taking a report.

I am about to file an initial answer to the claims. Should I just respond and file a later motion for sanctions?

I can also request an ex parte preliminary injunction initially, but this may not have the power behind it that I would like. BTW, this is in California Superior Court.

 

[jharris352]

You have posted this several times. Are you looking for an answer that you want? Rather than the answer that you have gotten? If the wiretap was illegal, simply file a police report and get the police to "sanction" him. Then in your answer deny the claims and counter sue for an invasion of privacy. When and if it gets to court you can suppress the evidence as being illegally obtained.

 

[hermano]

I made a motion for a declaratory judgment and for injunctive relief in Louisiana federal court. However, before the motion was heard, the case got remanded to state court in Louisiana. (My former attorney screwed up on claiming complete diversity as a reason for the initial removal to federal court.) This Louisiana case is awaiting action in the parish district court.

The California case is the same set of claims, but it is NOT the same case. Since the wiretap is happening in Mexico, the local police will not even take a report, and refer me to the FBI. The FBI has told me, "Does it have anything to do with national security? No? Then we're not interested."

I am not interested in "suppressing evidence." I am interested in having the plaintiff tried under 18 U.S.C. 2510 et seq. Since the police seem to have zero interest in this, I am trying to figure out how to get the judge to have some interest in this. You'd think a plaintiff wiretapping the defendant would hold some relevance to the case.

 

[dee_dub]

It is relevant, but it is not relevant in the way you wish it to be. Maybe you can get the illegally procured evidence thrown out, maybe subject the plaintiff to an order for costs, maybe you can countersue for breach of privacy or something similar. But a judge in a civil case is not going to try the plaintiff on federal criminal charges.