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DOE v. CHAO

No. 02-1377.

540 U.S. 614 (2004)

DOE v. CHAO, SECRETARY OF LABOR.

Supreme Court of United States.

Decided February 24, 2004.

Attorney(s) appearing for the Case

Jack W. Campbell IV argued the cause for petitioner. With him on the briefs were Donald B. Ayer, Dominick V. Freda, and Joseph E. Wolfe.

Malcolm L. Stewart argued the cause for respondent. With him on the brief were Solicitor General Olson, Assistant Attorney General Keisler, Deputy Solicitor General Kneedler, Patricia A. Millett, Leonard Schaitman, Anthony A. Yang, Howard M. Radzely, Allen H. Feldman, Nathaniel I. Spiller, and Michael P. Doyle.*

SOUTER, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, KENNEDY, and THOMAS, JJ., joined, and in which SCALIA, J., joined except as to the penultimate paragraph of Part III and footnote 8. GINSBURG, J., filed a dissenting opinion, in which STEVENS and BREYER, JJ., joined, p. 627. BREYER, J., filed a dissenting opinion, p. 641.

JUSTICE SOUTER delivered the opinion of the Court.

The United States is subject to a cause of action for the benefit of at least some individuals adversely affected by a federal agency's violation of the Privacy Act of 1974. The question before us is whether plaintiffs must prove some actual damages to qualify for a minimum statutory award of $1,000. We hold that they must.

I

Petitioner Buck Doe filed for benefits under the Black Lung Benefits Act...

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