Djenasevic v. Exec. Office of U.S. Attorneys

319 F. Supp. 3d 474
CourtCourt of Appeals for the D.C. Circuit
DecidedAugust 14, 2018
DocketCase No: 16-cv-2085-RCL
StatusPublished
Cited by5 cases

This text of 319 F. Supp. 3d 474 (Djenasevic v. Exec. Office of U.S. Attorneys) 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
Djenasevic v. Exec. Office of U.S. Attorneys, 319 F. Supp. 3d 474 (D.C. Cir. 2018).

Opinion

1. Statute of Limitations

First, defendants assert that the claims are barred by the statute of limitations. Actions to enforce rights under the Privacy Act must be brought "within two years from the date on which the cause of action arises ...." 5 U.S.C. § 552a(g)(5) ; see also Blazy v. Tenet , 979 F.Supp. 10, 22 n. 6 (D.D.C. 1997) (citing Tijerina v. Walters , 821 F.2d 789, 798 (D.C. Cir. 1987). For the purposes of determining when the cause arose, "the statute of limitation does not begin to run until the 'plaintiff knows or should know of the alleged violation.' " Kursar v. TSA, 751 F.Supp.2d 154, 165 (D.D.C.2010) (quoting Tijerina, 821 F.2d at 798 ).

*483Here, the plaintiff's Privacy Act amendment claims all relate to information from his criminal case which he believed was incorrect. And plaintiff knew about the alleged violation as early as 2010 when he addressed letters to EOUSA seeking amendments to his records. ECF No. 46-2 at 12. Similarly, he sent a form to BOP on February 9, 2011 requesting amendments to "inaccurate/incorrect" records. ECF 46-4 at 40. The plaintiff did not file the present lawsuit until September 28, 2016, ECF No. 1 at 14, well beyond the two-year statute of limitations period. The plaintiff appears to be arguing that he thought his records were amended by the Eleventh Circuit's reversing the district court's denial of his 2255 motion in 2011. However, the record reflects that on July 21, 2011, EOUSA sent the plaintiff a letter informing him that his request to amend his records was denied. ECF No. 46 at 4. Moreover, the plaintiff filed an administrative remedy request on July 16, 2013, to BOP, again asserting that his pre-sentence report was incorrect. Id. The plaintiff cannot credibly argue that he thought his records were amended in 2011. Therefore, Court must dismiss the Privacy Act amendment claims on statute of limitations grounds alone.

2. Records Exempt from Amendment and Disclosure under the Privacy Act

Defendants are also correct that the plaintiff has failed to state a claim because the records he sought to amend are exempt from amendment under the Privacy Act. The Privacy Act "safeguards the public from unwarranted collection, maintenance, use and dissemination of personal information contained in agency records ... by allowing an individual to participate in ensuring that his records are accurate and properly used, and by imposing responsibilities on federal agencies to maintain their records accurately." Bartel v. FAA , 725 F.2d 1403, 1407 (D.C. Cir. 1984). "[L]ike FOIA, the Privacy Act carves out exemptions from disclosure when a system of records meets certain criteria." Mobley v. C.I.A. , 806 F.3d 568, 586 (D.C. Cir. 2015). Privacy Act Exemption (j)(2) permits an agency head to promulgate rules exempting certain records from amendment and disclosure requirements. See 5 U.S.C. § 552a(j). Pursuant to that authority, BOP has exempted inmate central records, 28 C.F.R. § 16.97(j), as well as "[p]resentence records that originated with the courts," 28 C.F.R. § 16.46(f)(3). Similarly, the Department of Justice exempts criminal case files maintained by the U.S. Attorney's Offices from access and amendment. See 28 C.F.R. § 16.81(a).

Here, the plaintiff's amendment requests fall squarely within those exemptions. He requested amendment of his pre-sentence report3 and his underlying criminal case files. See e.g. , ECF No. 46-2 at 12; ECF No.46-4 at 32. Because BOP and EOUSA have exempted those categories of records from access and amendment, the plaintiff's Privacy Act claims must be dismissed. See, e.g. Martinez v. Bureau of Prisons, 444 F.3d 620, 624 (D.C. Cir. 2006) (per curiam) (upholding dismissal of Privacy Act claims against BOP which had "exempted its Inmate Central Record System *484from the accuracy provisions of the Privacy Act, 5 U.S.C. § 552a(e)(5)").4

The records at issue in this case are also exempt from disclosure under the Privacy Act. Under Exemption (j)(2) of the Privacy Act, records may be exempted from disclosure when they are "maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals...." 5 U.S.C. § 552a(j)(2). By regulation, the Department of Justice has exempted criminal case files maintained by the U.S. Attorney's Offices from access. See 28 C.F.R. § 16.81(a). Similarly, DEA has exempted pursuant to Exemption (j)(2) investigative case files maintained in its Investigative Reporting and Filing System from access. See 28 C.F.R. § 16.98(i).

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319 F. Supp. 3d 474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/djenasevic-v-exec-office-of-us-attorneys-cadc-2018.