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DOE v. CHAO

Nos. 00-2247, 00-2292.

306 F.3d 170 (2002)

Robert DOE, a/k/a Virginia Privacy Litigation; Tays Doe, a/k/a Virginia Privacy Litigation; Buck Doe, a/k/a Virginia Privacy Litigation; Otis Doe, Virginia Privacy Litigation; Thomas Doe, Virginia Privacy Litigation; Joe Doe, Virginia Privacy Litigation; Charles Doe, a/k/a Virginia Privacy Litigation; Dick Doe, a/k/a Virginia Privacy Litigation, Plaintiffs-Appellants, v. Elaine L. CHAO, Secretary of Labor, United States Department of Labor, Defendant-Appellee. Robert Doe, a/k/a Virginia Privacy Litigation; Tays Doe, a/k/a Virginia Privacy Litigation; Buck Doe, a/k/a Virginia Privacy Litigation; Otis Doe, Virginia Privacy Litigation; Thomas Doe, Virginia Privacy Litigation; Joe Doe, Virginia Privacy Litigation; Charles Doe, a/k/a Virginia Privacy Litigation, Plaintiffs-Appellees, v. Elaine L. Chao, Secretary of Labor, United States Department of Labor, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 20, 2002.

Attorney(s) appearing for the Case

ARGUED: Jerry Walter Kilgore, Sands, Anderson, Marks & Miller, Richmond, Virginia, for Plaintiffs-Appellants. Anthony Alan Yang, Appellate Staff, Civil Division, United States Department Of Justice, Washington, D.C., for Defendant-Appellee. ON BRIEF: Joseph E. Wolfe, Terry G. Kilgore, Wolfe, Farmer, Williams & Rutherford, Norton, Virginia; Robert J. Mottern, Mottern, Fisher & Goldman, Atlanta, Georgia, for Plaintiffs-Appellants. Stuart E. Schiffer, Acting Assistant Attorney General, Robert P. Crouch, United States Attorney, Freddi Lipstein, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Defendant-Appellee.

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge LUTTIG joined. Judge MICHAEL wrote an opinion concurring in part and dissenting in part.

OPINION

WILLIAMS, Circuit Judge.

In this case, several individuals1 (collectively Appellants) seek recovery against the Secretary of Labor (the Government) under the Privacy Act, 5 U.S.C.A. § 552 et seq....

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