Kramer's investigative activities were unreasonable and unlawful or whether they constituted legitimate activities in defense of legitimate interests.
Moreover, with respect to the privacy claim, the "color of law" element which is significant to the resolution of the deprivation of rights claim is entirely, or at least largely, absent. One consequence of that changed posture is that the actions of the two protagonists are measured with respect to this issue by essentially the same standard. A jury might well conclude, therefore, that Kramer's instrusion upon Drinkhall's seclusion was justified both because Drinkhall provoked the intrusion and because in the course of his own investigation he revealed the information that Kramer was seeking. Such conclusions would defeat the Drinkhall action even though they might not defeat the claim of deprivation of rights under color of law.
Drinkhall's motion for summary judgment will therefore likewise be denied.
The first, third, and fourth causes of action in the Kramer-Dowd complaint will be dismissed, but defendants' summary judgment motion will be denied with respect to the remainder of the complaint. The Court also denies both motions for summary judgment in the Drinkhall suit against Kramer. Left for trial, therefore, are the second and fifth causes of action stated in the Kramer-Dowd complaint, the Drinkhall claims against Kramer, and the Kramer-Dowd action against Calabrese. The trial of these claims will begin June 18, 1984. Orders regarding pretrial briefing, a pretrial conference, and the remaining disputed matters are being issued contemporaneously herewith.
Upon consideration of the motion of defendants for summary judgment in Nos. 80-3324 and 80-3325, the motion of plaintiff for summary judgment and of defendant for partial summary judgment in No. 81-1266, the oppositions, replies, affidavits, and other documents, and the entire record herein, it is this 30th day of May, 1984, in accordance with an Opinion issued this date, ORDERED:
1. Defendants' motion for summary judgment in Nos. 80-3324 and 80-3325 be and it is hereby granted in part and denied in part.
2. Plaintiff's motion for summary judgment and defendant's motion for partial summary judgment in No. 81-1266 be and they are hereby denied.
3. All requests for attorneys' fees and costs be and they are hereby denied.
4. Plaintiffs' request for reconsideration of the Court's ruling with respect to the deposition of Robert D. Sack, Esq. be and it is hereby denied.
5. The first, third, and fourth claims in Nos. 80-3324 and 80-3325 be and they are hereby dismissed.
6. There will be a pretrial conference on June 8, 1984, at 10:00 a.m.
7. The trial of the second and fifth claims in Nos. 80-3324 and 80-3325, and the causes of action in Nos. 80-0911, 80-0912, and 81-1266 will begin on June 18, 1984, at 10:00 a.m.