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DOE v. DEPARTMENT OF VETERANS AFFAIRS OF U.S.

No. 07-1576.

519 F.3d 456 (2008)

John DOE, Plaintiff-Appellant, v. DEPARTMENT OF VETERANS AFFAIRS OF the UNITED STATES of America; Honorable R. James Nicholson, Secretary of the Department of Veterans Affairs, in his official capacity, Defendants-Appellees. Minnesota AIDS Project; Lambda Legal Defense and Education Fund; Minnkota Health Project; National Association of People with AIDS; Nebraska AIDS Project; AID Greater Des Moines, Inc., d.b.a. AIDS Project of Central Iowa, Amici on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 7, 2008.

Attorney(s) appearing for the Case

Katherine Logan MacKinnon, argued, St. Louis Park, MN (Denise Y. Tataryn, Minneapolis, MN, on brief); (Bebe J. Anderson, Jennifer Sinton, and David S. Buckel, New York, NY, on the brief), in support of appellant for Amici Curiae, AID Greater Des Moines Inc.; (M. William O'Brien, Meg Luger-Nikolai, and Lynn Michelson, Minneapolis, MN, on the brief), in support of appellant for Amici Curiae, Minnesota AIDS Project.

Friedrich Anson Paul Siekert, AUSA, argued, Minneapolis, MN, for appellees.

Before MURPHY, HANSEN, and GRUENDER, Circuit Judges.

MURPHY, Circuit Judge.

John Doe brought this action against the Department of Veterans Affairs, R. James Nicholson in his official capacity as the Secretary of the Department (collectively the VA), and Dr. Samuel Hall,1 alleging that Dr. Hall improperly revealed private medical and personal information to Doe's union representative in violation of the Privacy Act, 5 U.S.C. § 552a (the Act). The district court2

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