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JACOBS v. NATIONAL DRUG INTELLIGENCE CENTER

No. 07-40776.

548 F.3d 375 (2008)

Gary G. JACOBS, Plaintiff-Appellee, v. NATIONAL DRUG INTELLIGENCE CENTER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 10, 2008.

Attorney(s) appearing for the Case

Drew D. Hansen (argued), Susman Godfrey, Seattle, WA, for Jacobs.

Robert D. Kamenshine (argued), Leonard Aaron Schaitman, Civ. Div., Anthony Alan Yang, Office of Sol. Gen., U.S. Dept. of Justice, Washington, DC, for Defendant-Appellant.

Before JOLLY, BARKSDALE and HAYNES, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

At issue in this appeal involving the Privacy Act of 1974, 5 U.S.C. § 552a, is whether, as our court held in Johnson v. Department of Treasury, Internal Revenue Service, 700 F.2d 971 (5th Cir.1983), the Privacy Act's "actual damages" remedy includes emotional-distress damages. Consistent with our binding precedent, id., the district court ruled that it does. The National Drug...

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