Therese Marie Swenson v. United States Postal Service Anthony M. Fank, Postmaster General

Therese Marie Swenson appeals the district court’s order granting summary judgment in favor of the United States Postal Service on her claim under the Privacy Act, 5 U.S.C. § 552a (1977). The Postal Service does not contest on appeal Swenson’s contention that the district court judge relied on an inapplicable statutory provision in his decision to grant summary judgment. It argues that we should nonetheless affirm because (1) Swenson failed to state a claim under the Privacy Act, (2) her claim was barred by equitable estoppel, and (3) the disclosure qualified for the routine use exception under 5 U.S.C. § 552a(b)(3) (1977). We reject all three contentions, and reverse and remand.

I

Swenson worked as a rural route mail carrier for the United States Postal Service in California. In October of 1985, she wrote letters to Representative Eugene S. Chappie and Senator Pete Wilson, claiming that her postmaster deliberately under-counted rural route mail boxes.

Swenson stated that the alleged undervaluation qualified her postmaster for bonus and merit awards, while forcing mail carriers to work off the clock. She further suggested that the undercounting of rural routes resulted in lost…