Doe v. United States Dep't Of The Treasury
Decision Date | 08 July 2009 |
Docket Number | Civil Action No. 05-0690 (PLF). |
Citation | 706 F.Supp.2d 1 |
Parties | J.Q. DOE, Plaintiff,v.UNITED STATES DEPARTMENT OF the TREASURY, Internal Revenue Service, Defendant. |
Court | U.S. District Court — District of Columbia |
David K. Colapinto, Stephen M. Kohn, Kohn, Kohn & Colapinto, LLP, Washington, DC, for Plaintiff.
Gerald Alan Role, U.S. Department of Justice, Washington, DC, for Defendant.
This is a lawsuit brought under the Privacy Act, 5 U.S.C. § 552a. Plaintiff J.Q. Doe is a former employee of the IRS who has been permitted to proceed under a pseudonym. She alleges that the IRS improperly disclosed Privacy Act-protected records pertaining to her and thereby caused her to suffer actual damages. On March 30, 2009, this Court issued an Order and Judgment granting the IRS's motion for summary judgment, entering judgment in the IRS's favor, and noting that “[a]n Opinion explaining the Court's reasoning will follow.” Doe v. IRS, Civil Action No. 05-0690, Order and Judgment (D.D.C. Mar. 30, 2009).1 This Opinion sets forth the Court's reasoning for granting the IRS's motion for summary judgment and entering judgment in favor of the IRS.
Opp. at 2. Apparently, Mr. Fenton's accusation against Ms. Doe was based on a derogatory statement about the applicant's sexual orientation that Ms. Doe allegedly made in Mr. Fenton's presence. See Pl.'s Facts ¶ 19. The applicant then filed a discrimination complaint against Ms. Doe, and the IRS Equal Employment Opportunity office and the Office of Special Counsel (“OSC”) commenced an investigation into the matter. See
id. ¶ 20. Mr. Fenton and other IRS employees were interviewed as part of this investigation. See
id. ¶¶ 14, 24.
The OSC issued its press release on June 20, 2003. See Mot., Ex. 2, Press Release, U.S. Office of Special Counsel U.S. Office of Special Counsel Secures Corrective and Disciplinary Action in Case of Federal Job Applicant Denied Job Because of His Homosexuality (June 20, 2003) (“OSC Press Release”). Soon thereafter, the Washington Post carried an article about the Settlement Agreement. See Mot., Ex. 3, Stephen Barr In IRS Bias Case, Special Counsel Brings About Suspension and Settlement, Washington Post (June 26, 2003) (“Post Article”). The Post Article “did not reveal [Ms. Doe's] name or discuss details of the investigation beyond the facts in the OSC press release.” Opp. at 4.
When Mr. Fenton learned of the Post Article, he wrote a lengthy e-mail to two of his superiors at the IRS, Peggy Carpenter and Rick Hynek. In that e-mail, Mr. Fenton wrote:
The information within the article seems to vindicate me in my struggles through the last three years within this organization. I think it plainly points to who was telling the truth and who was lying in this issue. For a brief moment I thought this would end the retaliation and ostracism I have suffered over the past few years from those in management at the highest levels of CISO. I told the truth, I did the right thing, but instead of being supported by my management I was shunned and ostracized. After thinking about it for a while I realized that nothing would probably change. My section and I will continue to be attacked by SD management with Mr. Hynek's blessing, and decisions will continue to be made that usurp any authority my organization holds as well as its purpose. CISO will continue to try to force me to resign my management position and Mr. Hynek will continue to support [Ms. Doe] at any expense. This organization is so corrupt that few see what is right and what is wrong any more. I doubt that any of the punishment outlined in this article will ever take place. With right and wrong so clearly defined by this article one has to ask how upper management can be so blind as to the right thing to do.... I will continue to do the right thing and I will do everything within my power to see that the true story behind these events is eventually told. Everyone who participated in this travesty needs to be identified and those who practiced retaliation need to be punished for their roles in this even if they do sit in the front office.
Opp., Ex. 10, E-mail Message from Gerald Fenton to Peggy Carpenter and Rick Hynek (July 7, 2003 at 3:12 p.m.). In response, Ms. Carpenter wrote:
Opp., Ex. 10, E-mail Message from Peggy Carpenter to Gerald Fenton and Rick Hynek (July 8, 2003 at 11:43 a.m.).
Approximately ten days after this e-mail exchange, the Washington Blade newspaper carried another article about the Settlement Agreement. See Mot., Ex. 5, Joe Crea IRS Manager Suspended for “Queer” Epithet, Washington Blade (July 18, 2003) (“Blade Article”). Unlike the Post Article, the Blade Article quoted Mr. Fenton at length. It also included (1) Ms. Doe's real name; (2) specifics as to what precisely Ms. Doe allegedly said about the applicant's sexual orientation; and (3) other information not included in the OSC Press Release. See Pl.'s Facts ¶ 47. Mr. Fenton denies that he “provide[d] information concerning [the] investigations or ... disciplinary actions taken against plaintiff to [the Blade] or any other media, either directly or indirectly.” Mot., Ex. 10, Declaration of Gerald M. Fenton ¶ 5 (May 16, 2008) (“Fenton Decl.”).2 He admits, however, that he shared his knowledge about the events underlying the OSC investigation with individuals inside and outside the IRS. See Opp., Ex. 9, Deposition of Gerald M. Fenton at 157-61, 184-88, 199-200 (Oct. 19, 2007) (“Fenton Dep.”).
Ms. Doe claims that, upon learning of the Blade Article, she “literally fell apart emotionally[.]” Pl.'s Facts ¶ 65. She further claims that the disclosures in the Blade Article caused her to suffer injuries including “direct and indirect injury to [her] reputation,” physical pain and suffering, mental anguish, damage to her career, and certain out-of-pocket pecuniary losses. Complaint ¶ 26. She therefore brought suit against the IRS, alleging that the agency violated the Privacy Act in three specific ways:
when [Mr. Fenton] willfully and intentionally disclosed information regarding the plaintiff that is protected by the Privacy Act to a news reporter [at the Washington Blade] and others without plaintiff's consent [in violation of Section 552a(b) of the Privacy Act], and when the IRS failed to keep an accounting of its unauthorized...
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