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ROUSE v. U.S. DEPT. OF STATE

No. 06-15967.

548 F.3d 871 (2008)

Leon R. ROUSE, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF STATE; John Negroponte; Thomas Hubbard; John Caufield; Martha Sardinas; Paul Boyd; Joseph Bracken, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 24, 2008.

Attorney(s) appearing for the Case

Kari E. Hong, Law Offices of Kari E. Hong, Oakland, CA, argued the cause for the plaintiff-appellant and filed the briefs.

Derrick K. Watson, Assistant United States Attorney, Honolulu, HI, argued the cause for the defendants-appellees; Lawrence L. Tong, Assistant United States Attorney, Honolulu, HI, filed the brief; Edward H. Kubo, Jr., United States Attorney, District of Hawaii; Jeremy M. Weinberg, Brian J. Egan, and Shawn M. Pompian, United States Department of State, Office of the Legal Adviser, Washington, D.C., were on the brief.

Before: DIARMUID F. O'SCANNLAIN, RONALD M. GOULD, and CARLOS T. BEA, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether a United States citizen may state a claim against the U.S. Department of State under the Privacy Act for damages arising from his imprisonment in a foreign country.

I

A

1

Leon Rouse is a citizen of the United States. On October 4, 1995, he was arrested in the Philippines when police entered his hotel room and found him and another individual, Godfrey Domingo, undressed. Domingo...

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