United States Sixth Circuit

In a 42 U.S.C. section 1983 action claiming that defendant-county court clerk's publication of a traffic citation, which contained personal identifying information including plaintiff's SSN, on a website violated her constitutional right to privacy, dismissal of the complaint is affirmed where: 1) although plaintiff had standing for her claims; 2) the circuit court rejected plaintiff's suggestion that it adopt a new approach to assessing informational privacy claims, one which would not require the court to first determine whether the privacy interest at issue implicates a fundamental right; and 3) the district court did not err in concluding that the publication at issue did not implicate a fundamental right.

Appellate Information

• Decided 02/25/2008
• Published 02/25/2008

Judges

• Before:  GUY, GILMAN, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Marc D. Mezibov, Law Office of Marc Mezibov, Cincinnati, Ohio, for Appellant.  Pamela J. Sears, Hamilton County Prosecutor's Office, Cincinnati, Ohio, for Appellees.   ON BRIEF:  Marc D. Mezibov, Christian A. Jenkins, Stacy Ann Hinners, Law Office of Marc Mezibov, Cincinnati, Ohio, for Appellant.  Pamela J. Sears, Michael G. Florez, Hamilton County Prosecutor's Office, Cincinnati, Ohio, for Appellees.