This section contains the nature of the case and procedural background.

H surreptitiously installed recording equipment and recorded W's activities during the marriage in the marital home. W discovered her activities in the bedroom had been recorded when she observed H retrieving a cassette from the recorder in August 2006. W took possession of it and restored it with the assistance of others. When she viewed the tape, it revealed nothing of a graphic or demeaning nature. H filed a petition for dissolution of marriage. W alleged she was entitled to compensation for the violation of her privacy rights. The district court found H had invaded W's privacy and entered judgment in the amount of $22,500. H appealed. H contends that W had no reasonable expectation of privacy precluding his recording of her activities in the marital home. The appeals court affirmed and H appealed.

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