United States DC Circuit

In an action by prisoners against the Bureau of Prisons (BOP) claiming that (1) the BOP's charges for and uses of duplicate inmate photos for security-related purposes violated the terms of the Inmate Trust Fund and (2) BOP's undisclosed retention of duplicate prints violated various provisions of the Privacy Act, summary judgment for defendants is affirmed in part where, even assuming that BOP's review and retention of duplicate photos created a "system of records" triggering Privacy Act protections, civil remedies were only available if plaintiffs could show "that the agency acted in a manner which was intentional or willful." However, the judgment is vacated in part where plaintiffs' Trust Fund claims were now moot following their release.

Appellate Information

• Decided 12/28/2010
• Published 12/28/2010

Judges

• Harry Edwards

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jaclyn L. DiLauro, Alan Burch