Albright v. United States

732 F.2d 181, 235 U.S. App. D.C. 295, 1984 U.S. App. LEXIS 23698
CourtCourt of Appeals for the D.C. Circuit
DecidedApril 10, 1984
DocketNo. 83-1143
StatusPublished
Cited by136 cases

This text of 732 F.2d 181 (Albright v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Albright v. United States, 732 F.2d 181, 235 U.S. App. D.C. 295, 1984 U.S. App. LEXIS 23698 (D.C. Cir. 1984).

Opinion

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

This suit stems from a decision by the Bureau of Hearings and Appeals of the Social Security Administration (“Bureau”) to lower the civil service rating of the position of “hearing and appeal analyst” and to withhold previously recommended promotions to the discontinued higher grade level. At the request of the affected hearing and appeal analysts, the Bureau’s management conducted a brief meeting to explain this decision and to answer any questions posed by the analysts. The Bureau recorded that conference on videotape. Subsequently, a number of the analysts claimed to have suffered severe emotional injuries as a result of their attendance at the videotaped meeting. They brought this claim against the United States under the Privacy Act1 to recover compensation for those alleged injuries.

After establishing that the videotape was maintained within a “system of records” contemplated by the Privacy Act,2 the plaintiffs presented their case to the United States District Court. During the nonjury trial before District Judge Charles R. Richey, the court viewed the videotape, listened [297]*297to direct and cross-examination of the plaintiffs, and posed questions to the plaintiffs. At the close of the plaintiffs’ case the court granted the defendants’ motion for an involuntary dismissal under Federal.Rule of Civil Procedure 41(b).

The district court, 558 F.Supp. 260 (D.C.D.C.1982) found the plaintiffs’ case deficient on several independent grounds. Factually, the district court held that the plaintiffs had failed to demonstrate that their alleged injuries were caused by the videotaping. It also found that the Bureau had not acted willfully or intentionally as required by the Privacy Act. Statutorily, the court interpreted the Privacy Act to authorize recovery only to the extent of pecuniary loss, but not for emotional injuries unaccompanied by out-of-pocket expenses. Based on these conclusions, the court ruled that the plaintiffs had failed to establish any violation of the Privacy Act.

Michael T. Albright and thirteen other analysts perfected this appeal, charging, inter alia, that the district court committed reversible error by narrowly construing the types of actual damages which the Privacy Act permits an injured plaintiff to recover. However, the appellants’ arguments based on the scope of remedies available under the Privacy Act are premature. The bulk of the evidence forcefully suggests that the district court correctly found that any injuries suffered by the plaintiffs were not caused by the videotaping. The Bureau’s decision to downgrade their job classification is a much more likely explanation for the injuries. Similarly, there was no evidence that the Bureau acted intentionally or willfully to violate the Privacy Act. Because appellants have demonstrated no clear error with respect to these factual findings, we must affirm the district court.

I. Background

A. The Videotaped Meeting

This dispute began in the summer of 1977 when the personnel director of the Bureau of Hearings and Appeals, R. Bryan Makoff, made a preliminary decision to downgrade the civil service classification of hearing and appeal analysts from GS-13 to GS-12. A moratorium was imposed on future promotions to GS-13. Makoff’s decision was subsequently affirmed by the Bureau’s director. By September 1977 twenty-four previously recommended promotions had been withheld.

The affected analysts were distraught and angered by this news. At the request of their union representative, Makoff scheduled a meeting to discuss the promotion freeze with the analysts. Worried that they would be unable to attend the meeting, several analysts contacted a labor relations official to request that the meeting be rescheduled. One of these analysts solicited permission to send a representative to make an audiocassette tape. These comments were relayed to the management.

Makoff arranged for the meeting to be videotaped when it took place, as scheduled, on 23 September 1977. No restrictions were placed on those who could attend the meeting. Approximately forty analysts attended the meeting accompanied by the union president and other union representatives. A number of management personnel were also present, including four out of five of the analysts’ immediate supervisors.

The meeting lasted approximately forty-five minutes. Makoff explained the reasons for the Bureau’s decision to downgrade the analyst position and withhold recommended promotions. Many of the analysts asked questions or challenged the decision. Tensions apparently ran high, and there were several heated exchanges between management and the analysts.3 Several of the analysts resented what they regarded as the high-handed and arrogant manner in which Makoff conducted the meeting.

The meeting was held in a room equipped for videotaping. The video camera was mounted on a large, conspicuous tripod [298]*298which was easily visible to all who entered the room. A television monitor was also located at the rear of the room displaying the scene being videotaped. Several of the plaintiffs observed both the camera and monitor at the beginning of the meeting.

This videotape equipment was operated during the entire length of the meeting. For the most part the camera focused closely on Makoff as he discussed the reclassification decision and fielded questions from the audience. During these times the questioners were not visible on the videotape. At other times the camera panned back for a distant shot of Makoff, or focused on the back of the analyst posing a question. Unless an audience member turned toward the back of the room, his or her face never appeared on the videotape. Most of the time, when an analyst appeared on the videotape at all, only the back of the head, or occasionally the side of the face, was visible.4

Near the end of the meeting one analyst asked why the meeting was being videotaped. Makoff replied that he was making the tape so that he would have a record in case he were later questioned about the meeting. He also stated that he did not see any reason to notify the analysts that the meeting would be videotaped. However, everyone was free to leave the room at any time. Although several of the plaintiffs were aware of the videotaping from the outset, and the remainder were surely aware of it after Makoff’s comment, no plaintiffs chose to leave the meeting after learning that their participation was being videotaped.

After the meeting, the analysts initiated administrative grievance proceedings based on the videotaping. These were eventually resolved adversely to the analysts. The agency offered to destroy the videotape when it learned that some of the analysts were upset about the videotaping, but the union refused the offer in order to preserve the tape as evidence in the future legal proceedings. This Privacy Act suit then followed.

B. Privacy Act Claim

Appellants charge that the videotaping of the meeting violates the Privacy Act (“Act”), which proscribes the Bureau from maintaining a “record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained____”5

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Bluebook (online)
732 F.2d 181, 235 U.S. App. D.C. 295, 1984 U.S. App. LEXIS 23698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albright-v-united-states-cadc-1984.