In a Privacy Act action by a former Department of Interior employee claiming that Defendant failed to provide Plaintiff access to an appraisal of her job performance and failed to safeguard that appraisal, summary judgment for Defendant is affirmed in part, where Plaintiff did not point to any adverse agency determination she experienced because of Defendant's failure to maintain the appraisal; but reversed in part, where there was a genuine issue of material fact regarding whether Defendant intentionally destroyed the appraisal after Plaintiff requested access to it.
Appeal from the United States District Court for the District of Columbia
Argued May 8, 2009
Decided June 16, 2009
Before HENDERSON, TATEL and GRIFFITH, Circuit Judges.
Opinion for the Court filed by Circuit Judge KAREN LECRAFT HENDERSON.
Paula Dinerstein argued the cause for the appellant.
Beverly M. Russell, Assistant United States Attorney, argued the cause for the appellee. Jeffrey A. Taylor, United States Attorney at the time the brief was filed, and R. Craig Lawrence, Assistant United States Attorney, were on brief.