Supreme Court Rules Gov't Cannot Be Sued For Emotional Distress

[DefiantSix]

Supreme Court Rules Gov't Cannot Be Sued For Emotional Distress
Social Security Office Improperly Shared Man's HIV Status With The FAA
Fri, Mar 30, 2012

The U.S. Supreme Court on Wednesday handed down a ruling saying the federal government cannot be sued for emotional distress even when it violates the privacy act.

The case involves San Francisco resident Stanmore Cooper, who divulged his HIV status to the Social Security Office to receive medical benefits, but did not tell the doctor who examined him for his FAA medical certificate in 1998 and 2004. His name turned up in an investigation by the FAA looking for pilots who falsified medical information. Cooper's name was one of 45,000 Northern California residents who had applied for pilot certificates turned over to the FAA by the Social Security Administration. Cooper later admitted he had withheld the information, pleaded guilty to a misdemeanor, and paid a $1,000 fine.

The Washington Post reports that Cooper sued the federal government in 2007, claiming emotional distress for their violation of the Privacy Act. He lost his first case, but as it worked its way through the process, an appeals court said that emotional distress counts as "actual damages" for issues caused by disclosing his HIV status.

The SCOTUS, however, disagreed. Writing for the 5-3 majority on the case, Justice Samuel Alito said “We hold that the Privacy Act does not unequivocally authorize an award of damages for mental or emotional distress. Accordingly, the act does not waive the federal government’s sovereign immunity from liability for such harms.”

Oh, poop! 

[JohnnyReb]

Well, so much for that jackpot windfall. I guess him and his lawyer will have to come up with another angle.

[TVDOC]

One wonders how someone that is HIV positive (and taking all of the immunosuppressive drugs for it) would qualify for a FAA medical certificate to start with........unless he lied.......which is a felony.......

doc

[Gina]

So he pissed off because he lied on his FAA medical form and got caught?   I'll be damned! 

[ExGeeEye]

Our Constitution specifically did away with three legal concepts which previously had enjoyed currency in western jurisprudence:

Ex Post Facto Law, which meant that you could declare an act illegal and then arrest someone for doing it when it was legal;

Bills of Attainder, where the legislature could declare the guilt of and prescribe the punishment for a person; and

Corruption of Blood, where the descendants of an individual could be held liable for that individual's acts.

It may be time to add to that list.

"Sovereign Immunity."  BS, the people are sovereign and if the government fux with them the government is liable jointly and severally.

"Eminent domain."  Let the government go to Century 21 like the rest of us when they want to build something.  And the government owns, and excludes from public use, way too much land as it is.

"Compelling State Interest".  The only thing compelling the state ought to be the Constitution (especially the Bill of Rights) and the idea that if they violate it they might be strung up with extreme prejudice.  A permanent 535-hook gallows on the National Mall in front of the Capitol might serve as a useful reminder.

There may be others, but that'll do for a start.

[DumbAss Tanker]

I'm fine with sovereign immunity, especially in a case like this where it keeps a chiseling liar from getting money for his hurtie little feewings after getting caught being a chiseling liar.  When you open the door to suits like this, more and more government assets (read:  tax money for awards, settlements, lawyers, and litigation costs) has to go toward defending it from a swelling army of freeloaders and 'Litigation industry' plaintiff's attorneys, because once one guy gets a big award for it, a legion of plaintiffs and their attorneys spring up to try and get a piece themselves.  That all translates into a shitload more taxes on our end.

[rich_t]

Ok...  I know some of you here are pilots. (or at least I think so).

Why would being on HIV drugs bar one from getting an FAA license?

[TVDOC]

Ok...  I know some of you here are pilots. (or at least I think so).

Why would being on HIV drugs bar one from getting an FAA license?

It possibly wouldn't.......however, on your application for a medical certificate you are asked directly if you have any chronic illnesses, and further down the form you are required to list any medications that you are prescribed.

A chronic illness or medication that might, in the remotest possibility inhibit your ability to safely fly, disqualifies you immediately from being granted the certificate.

If you answer "yes" to the chronic illness question, or list any medications, you are then required to apply for a "waiver"  in order to be granted the certificate, and the waiver process isn't easy.  I have to do it every two years, and it takes a month......three doctors, and a pile of paperwork (just because I take a diuretic for blood pressure, and a statin for cholesterol).

If you lie on your application.......which this person apparently did, as the FAA found out about his HIV from cross-referencing other medical records for him........it's a felony, punishable by a $10,000 fine and five years in "Club Fed".  The way the government looks at it, flying an airplane, if impaired for any reason, places large numbers of the public at risk......they have no sense of humor about it......

This person apparently got pissed because he was "outed" as a fag/HIV victim......which is a "protected class", in many arenas......aviation isn't one of them.......

doc

[rich_t]

It possibly wouldn't.......however, on your application for a medical certificate you are asked directly if you have any chronic illnesses, and further down the form you are required to list any medications that you are prescribed.

A chronic illness or medication that might, in the remotest possibility inhibit your ability to safely fly, disqualifies you immediately from being granted the certificate.

If you answer "yes" to the chronic illness question, or list any medications, you are then required to apply for a "waiver"  in order to be granted the certificate, and the waiver process isn't easy.  I have to do it every two years, and it takes a month......three doctors, and a pile of paperwork (just because I take a diuretic for blood pressure, and a statin for cholesterol).

If you lie on your application.......which this person apparently did, as the FAA found out about his HIV from cross-referencing other medical records for him........it's a felony, punishable by a $10,000 fine and five years in "Club Fed".  The way the government looks at it, flying an airplane, if impaired for any reason, places large numbers of the public at risk......they have no sense of humor about it......

This person apparently got pissed because he was "outed" as a fag/HIV victim......which is a "protected class", in many arenas......aviation isn't one of them.......

doc

Thanks for clarifying.  The idiot should have just told the truth.

[GOP Congress]

Boy, it freaking scares me that we have three justices that have no regard to the US Constitution. Frankly, if we had judges who ruled on the Constitution they way it was intended, 90% of these cases wouldn't be coming up in the first place.

[rich_t]

Boy, it freaking scares me that we have three justices that have no regard to the US Constitution. Frankly, if we had judges who ruled on the Constitution they way it was intended, 90% of these cases wouldn't be coming up in the first place.

H5.

[TVDOC]

Thanks for clarifying.  The idiot should have just told the truth.

Unfortunately, he KNEW that taking the HIV "cocktail" creates so many potential side-effects that I'd almost guarandamntee that he wouldn't be granted a waiver.......no way......he's grounded......permanently.  That's why he lied......he just thought with all of the confidentiality legally attached to HIV patients, he could get away with it........no consideration whatsoever for public safety, or even his potential passengers.......

As  an aside, taking a case all the way to SCOTUS isn't cheap.....I'll bet that some GLBT organization is paying the legal bills......


doc