United States Ninth Circuit

In an action involving an accuracy claim and an access claim under the Privacy Act, motion to dismiss is affirmed where: 1) there is a statute of limitations violation; 2) there is a lack of causation; and 3) the Department of State regulations do not provide a cause of action.

Appellate Information

• Decided 11/24/2008
• Published 11/24/2008

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN, RONALD M. GOULD, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kari E. Hong, Law Offices of Kari E. Hong, Oakland, CA, argued the cause for the plaintiff-appellant and filed the briefs.


• For Appellees:
  
• Derrick K. Watson, Assistant United States Attorney, Honolulu, HI, argued the cause for the defendants-appellees;  Lawrence L. Tong, Assistant United States Attorney, Honolulu, HI, filed the brief;  Edward H. Kubo, Jr., United States Attorney, District of Hawaii;  Jeremy M. Weinberg, Brian J. Egan, and Shawn M. Pompian, United States Department of State, Office of the Legal Adviser, Washington, D.C., were on the brief.