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Matson v. Bd. of Educ., No. 09-3773

Action Alleging Breach of Right to Privacy

In Matson v. Bd. of Educ., No. 09-3773, an action alleging that defendants violated her right to privacy by publicly disclosing that she suffers from fibromyalgia, the court affirmed the dismissal of the complaint where the Constitution did not protect plaintiff's right to maintain the confidentiality of her fibromyalgia.

As the court wrote:  "Plaintiff-appellant Dorrit Matson appeals from a judgment entered in the United States District Court for the Southern District of New York (Crotty, J.), dismissing, pursuant to Federal Rule of Civil Procedure 12(b)(6), her civil rights action, brought under 42 U.S.C. § 1983, against defendants-appellees, the Board of Education of the City School District of New York (the "BOE"), the City of New York (the "City"), and Richard J. Condon (collectively, the "defendants"). In the action, Matson alleged that the BOE had publicly disclosed that she suffers from fibromyalgia, in violation of her constitutional right to privacy."

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