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JOHNSON v. DEPARTMENT OF TREASURY, I.R.S.

No. 81-1501.

700 F.2d 971 (1983)

Russell T. JOHNSON, Plaintiff-Appellant, v. DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 21, 1983.

Attorney(s) appearing for the Case

John F. Bufe, Washington, D.C., for plaintiff-appellant.

Edward C. Prado, U.S. Atty., San Antonio, Tex., Jeremiah Handy, Asst. U.S. Atty., Robert L. Gordon, Atty., Tax Div., Dept. of Justice, Edward J. Snyder, Atty., John F. Murray, Asst. Atty. Gen., Michael L. Paup, Chief, Appellate Section, Glenn L. Archer, Jr., Richard W. Perkins, Mary L. Fahey, Stephen Gray, Tax Div., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before THORNBERRY, JOHNSON and HIGGINBOTHAM, Circuit Judges.

JOHNSON, Circuit Judge:

Russell T. Johnson appeals from a judgment of the district court under the Privacy Act, 5 U.S.C. § 552a, granting him minimum statutory damages in the amount of $1000, plus his costs and attorney's fees. On appeal Johnson contends that the district court erred in concluding that "actual damages" under the Privacy Act is limited to out-of-pocket expenses, thereby denying him recovery for his proven and substantial physical and mental damage...

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