Full question:
What financial damages can a plaintiff receive for a defendant (state and/or Federal government) violating the Freedom of Information Act and refusing to turn over public records--written or recorded?
- Category: Civil Rights
- Date:
- State: District of Columbia
Answer:
Under the federal Privacy Act, 5 U.S.C. § 552a, the United States is liable for “actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of $1,000,” as well as costs and attorneys fees.
The courts aren't clear on whether plaintiffs may recover costs and reasonable attorney fees under section 5 U.S.C. § 552a(g)(4) without showing actual damages. The Fourth Circuit has held that section 5 U.S.C. § 552a(g)(4) makes the government liable for costs and reasonable attorney fees upon a finding that the government intentionally or willfully violated the Privacy Act, and that plaintiff suffered an adverse affect, even absent a showing of actual damages. State freedom of information laws vary by state.
The following is the relevant section of the Privacy Act relating to damages:
"(4) In any suit brought under the provisions of subsection (g)(1)(C) or (D) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of--
(A) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of $1,000; and
(B) the costs of the action together with reasonable attorney fees as determined by the court."
Please see the information at the following links:
http://definitions.uslegal.com/f/freedom-of-information-act/
http://lawdigest.uslegal.com/civil-rights/free-speech-and-freedom-of-expression/
http://definitions.uslegal.com/p/public-records/
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2000cv2960-97
http://www.usdoj.gov/oip/privstat.htm
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
