Legal Opinion

Edward J. Petrus, M.D. v. Otis R. Bowen, M.D., Secretary of Health & Human Services, Defendants

Court of Appeals for the Fifth Circuit

Decided December 11, 1987No. 87-1234PublishedCited by 168 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

Neither the Freedom of Information Act nor the Privacy Act creates a cause of action for a suit against an individual employee of a federal agency. Because this suit, which invokes both Acts, was filed only against individual officers of the agencies whose records are sought and does not name the agencies themselves as defendants, we affirm the district court judgment dismissing the action with prejudice as to the named defendants under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure on the basis that the plaintiff failed to state a claim for…

2Cases cited10 opinions

  1. Landis v. North American Co.Supreme Court of the United States · 1936
  2. Richard Berndt v. State of Tennessee and Lakeshore Mental Health InstituteCourt of Appeals for the Sixth Circuit · 1986
  3. Bernard Brown-Bey v. United States of AmericaCourt of Appeals for the Seventh Circuit · 1983
  4. Frank W. Scroggins, Trustee in Bankruptcy for Air Transfer, Inc. v. Air Cargo, Inc.Court of Appeals for the Fifth Circuit · 1976
  5. Ott v. LeviDistrict Court, E.D. Missouri · 1976

5 more not listed; retrieve them via the Exa API.

3Cited by168 opinions

  1. Feldman v. FloodDistrict Court, M.D. Florida · 1997
  2. Martinez, Robert v. Bureau of PrisonsCourt of Appeals for the D.C. Circuit · 2006
  3. Hachette Distribution, Inc. v. Hudson County News Co.District Court, E.D. New York · 1991
  4. Simpson v. Specialty Retail Concepts, Inc.District Court, M.D. North Carolina · 1988
  5. Chavous v. District of Columbia Financial Responsibility & Management Assistance AuthorityDistrict Court, District of Columbia · 2001

163 more not listed; retrieve them via the Exa API.

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