Corey

Corey v. McNamara

Good Law
265 F. App'x 555
United States Court of Appeals for the Ninth CircuitJanuary 24, 2008No. 06-15649California754 words

Opinion

lead Opinion

MEMORANDUM **

Fletcher Corey appeals the district court’s order granting defendants United States Postal Service’s (“USPS”) and Dannie Murphy’s motion to dismiss Corey’s 42 U.S.C. § 1983 , Privacy Act, 5 U.S.C. § 552a(b), and state law based negligence, negligent supervision, and intentional infliction of emotion distress claims arising from the USPS allegedly transmitting Corey’s “Step 1” labor union grievance documentation regarding an involuntary work reassignment to the counsel of a USPS employee in a separate state action Corey had brought against that USPS employee. 1 On appeal, Corey challenges the following district court rulings: (1) the court lacked subject matter jurisdiction over his state law based negligence claims because he failed to and otherwise cannot plead the United States’ waiver of sovereign immunity under the Federal Tort Claims Act; (2) the court lacked subject matter jurisdiction over his Privacy Act claim because the grievance documentation that is the subject of Corey’s federal suit is not contained in the USPS’ “system of records,” which is what the Privacy Act protects from disclosure; and (3) the court lacked personal jurisdiction over defendants…

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