What financial damages can a plaintiff receive for a defendant violating the Freedom of Information Act?
Full Question:
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
