United States DC Circuit

In a case involving claims that defendant VA violated the Privacy Act in investigating alleged misconduct, summary judgment for defendant is reversed as to: 1) certain counts brought under the Act which do not require exhaustion and remanded so that the court may either grant a reasonable opportunity to complete discovery, or explain why discovery is not warranted on other grounds; and 2) counts raising claims about a memorandum prepared by the Assistant Secretary for Personnel Management discussing plaintiff's financial management of the office, portions of which appeared in an Associated Press article about plaintiff's performance.

Appellate Information

• Argued 10/31/2005
• Decided 09/19/2006
• Published 09/19/2006

Judges

• Before:  SENTELLE, GARLAND and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Joseph G. Cosby argued the cause for appellants.   With him on the briefs was Richard H. Gordin.


• For Appellees:
  
• Lisa S. Goldfluss, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan, Assistant U.S. Attorney.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.