Ferguson v. Jefferson Cnty. Sheriff's Office, No. 18-1461

CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)
Writing for the CourtScott M. Matheson, Jr. Circuit Judge
PartiesTHEODORE R. FERGUSON, Plaintiff - Appellant, v. JEFFERSON COUNTY SHERIFF'S OFFICE; SECURUS TECHNOLOGIES, Defendants - Appellees.
Decision Date03 January 2019
Docket NumberNo. 18-1461

THEODORE R. FERGUSON, Plaintiff - Appellant,
v.
JEFFERSON COUNTY SHERIFF'S OFFICE;
SECURUS TECHNOLOGIES, Defendants - Appellees.

No. 18-1461

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

January 3, 2019


(D.C. No. 1:18-CV-01828-LTB)
(D. Colo.)

ORDER AND JUDGMENT*

Before BRISCOE, HOLMES, and MATHESON, Circuit Judges.

Pro se plaintiff/appellant Theodore Ferguson filed this case when he was incarcerated at the Jefferson County jail in Colorado. The district court dismissed his amended complaint as legally frivolous under 28 U.S.C. § 1915(e)(2)(B)(i) and entered judgment against him. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.1

Page 2

I. BACKGROUND

Mr. Ferguson filed the original complaint along with four other plaintiffs. ROA at 5-16. The district court dismissed the other plaintiffs for failure to prosecute and to cure deficiencies in the original filing. Id. at 30-32. Mr. Ferguson was ordered to file an amended complaint to clarify his claim. Id. at 33-38.

Mr. Ferguson's amended complaint alleged that the Jefferson County Sheriff's Office and Securus Technologies, the contractor that manages financial accounts for the jail, improperly disclosed inmates' personal identification numbers (e.g., date of birth), shared inmates' private financial information, and failed to disclose policies and practices about disclosure of that information. Id. at 39-51. The district court dismissed the amended complaint as legally frivolous, ruling as follows:

1. 12 U.S.C. § 1884 claim - The statute provides that "[a] bank or savings and loan association which violates a rule promulgated pursuant to this chapter shall be subject to a civil penalty which shall not exceed $100 for each day of the violation."

The district court held this claim fails because (1) the statute applies only to a bank or a savings and loan association and neither defendant is a bank or a savings and loan, and (2) the amended complaint has not identified any rule promulgated under Chapter 19 of Title 12 of the United States Code that the defendants may have violated. Id. at 60-61.

2. 12 U.S.C. § 3417 claim - This statute provides for civil penalties for "[a]ny agency or department of the United States or financial institution obtaining or disclosing financial records contained therein in violation of" the Right to Financial Privacy Act. 12 U.S.C. § 3417(a). The Right to Financial Privacy Act "prohibits a financial institution from disclosing a customer's financial records . . . to
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