Maydak v. US, No. 07-5352 - DC Circuit
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Maydak v. US, No. 07-5352

Suit Against Bureau of Prisons Regarding Inmate Photos

In Maydak v. US, No. 07-5352, an action by prisoners against the Bureau of Prisons (BOP) claiming that (1) the BOP's charges for and uses of duplicate inmate photos for security-related purposes violated the terms of the Inmate Trust Fund and (2) BOP's undisclosed retention of duplicate prints violated various provisions of the Privacy Act, the court affirmed in part summary judgment for defendants where, even assuming that BOP's review and retention of duplicate photos created a "system of records" triggering Privacy Act protections, civil remedies were only available if plaintiffs could show "that the agency acted in a manner which was intentional or willful."  However, the court vacated in part where plaintiffs' Trust Fund claims were now moot following their release.

  • As the court wrote:  "This is the third time that we have heard an appeal involving the parties in this case. This litigation is now thirteen years old and, unsurprisingly, it presents a weighty and complicated record. The case concerns trust fund claims brought pursuant to 28 U.S.C. § 1331 and 31 U.S.C. § 1321, and Privacy Act claims arising under 5 U.S.C. § 552a(g)(1)."

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