Connolly v. Cirencione [1]

In 2004, Seneca County officials allegedly used improper means to obtain the identities of several anonymous posters on Fingerlakes1.com who posted critical comments about them.  The anonymous posters subsequently filed a lawsuit alleging abuse of process, violations of the Electronic Communications Privacy Act, "First Amendment retaliation," and violations of the Cable Communications Privacy Act. The posters alleged that former sheriff Leo Connolly and former undersheriff James Larson forced the operator of Fingerlakes1.com to disclose their email addresses without a warrant or subpoena under the pretext of a pending criminal investigation, and that Connolly and Larson enlisted the help of other officials to send a"illegal subpoenas" to various ISPs in an effort to unmask their critics rather than to pursue a legitimate law enforcement objective.

Before the civil lawsuit was filed, an Ontario County prosecutor brought criminal charges against Connolly for, among other things, attempting to retalitate against the anonymous posters, and a jury found him guilty on two misdemeanor charges of official misconduct. Former undersheriff James Larson pleaded guilty to theft and misconduct charges in 2008, receiving a 21-month sentence.  Larson completed a 19- month prison sentence and Connolly's two-year sentence is stayed pending appeal.