Julie Dalessio v. University of Washington, et al.

i. BACKGROUND Under color of the Washington Public Records Act (RCW 42.56 et seq.), the University of Washington (UW) Office of Public Records produced personal, privileged information, including protected health information, in electronic public records. The Ninth circuit, on appeal of summary judgment dismissal, decided: “With respect to the release of Dalessio’s health and medical information, a § 1983 claim cannot be sustained under the ADA or HIPAA. See Vinson v. Thomas, 288 F.3d 1145, 1155-56 (9th Cir. 2002) (“[A] comprehensive remedial scheme for the enforcement of a statutory right creates a presumption that Congress intended to foreclose resort to more general remedial schemes to vindicate that right.” (internal quotation marks and citation omitted)).” DktEntry/49-1 at 3 (App. at 4) QUESTIONS PRESENTED 1. Does a “comprehensive remedial scheme for the enforcement of a statutory right” under the Americans with Disabilities Act (ADA) [42 U.S.C. 12101 et seq.] foreclose resort to a 42 U.S.C. § 1983 claim to vindicate the right?