Supreme Court of the United States · Official docket →
Foster Taft v. Ventura County Medical Center, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-55216 · judgment December 23, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
-
Does 42 U.S.C. §1983 confer a private cause of ac tion for privacy violations of HIPAA, in particular 164.502(a)? Within this issue, the court would point out that a private right of action is different than a private right. Also, the court would have to determine whether 45 U.S.C. 164.502(a) confers a private right.
-
Does 5 U.S.C. §552a(l) and §551(1) of the Privacy Act, which applies to agencies of the federal govern ment, apply to a state hospital, as a “state actor”, entangled with substantial federal regulation and funding, or do, only, people with medical records in a federal agency, proper, have a private right of action for unauthorized disclosures and violations of federal pri vacy laws.
Counsel of record
For petitioner
Foster Taft
For respondent
Hugh S. Spackman
Clinkenbeard, Ramsey, Spcakman & Clark, LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- May 16 2022Petition DENIED.
- Apr 26 2022DISTRIBUTED for Conference of 5/12/2022.
- Apr 12 2022Waiver of right of respondent Ventura County Medical Center, et al. to respond filed.
- Mar 22 2022Petition for a writ of certiorari filed. (Response due April 25, 2022)