OMAHA — This is one custody battle that seems too much to bear.
An Omaha man has filed a lawsuit accusing his ex-wife and former father-in-law of putting a recording device inside his daughter’s teddy bear to spy on him.
The lawsuit filed last week in U.S. District Court in Omaha says Dianna Divingnzzo and her father, Sam Divingnzzo, tried to use the audio recorded by the toy in the divorced couple’s custody case.
Dianna Divingnzzo had been awarded sole custody of the young girl when the couple divorced in May 2004, but William Duane Lewton was seeking custody rights.
The lawsuit says Lewton learned about the audio recordings when his attorney was given copies by Divingnzzo’s then-attorney, William Bianco, in advance of a June hearing in Sarpy County District Court.
Lewton’s attorney, John Kinney, said Tuesday that it’s believed the teddy bear recorded several hundred hours of conversations from just before Christmas 2007 through mid-May.
Lewton, his daughter — who is now 5 — and five other plaintiffs who were recorded by the bear are requesting a jury trial. They seek $20,000 each, plus other damages and court costs, from each defendant for invasion of privacy and violation of state and federal wiretapping laws.