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Barbara Silva v. United States

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 21-2005 · judgment June 3, 2021


Certiorari denied · October 12, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Under Privacy Act of 1974, as amended, 5 U.S.C § 552a. (2)(c)(d),(6), (9), (10). a) Is the Agency required to maintain accurate information on each individual, and to not disclose a person protected information (PPI). Should this also be valid when issuing two people the same SSN and each of the individuals have access to the others information and causes harm? b) Does this provide the district courts with subject matter Jurisdiction Under FTCA when violated pursuant to 5 U.S.C. 552a (1) Civil Remedies - (c)(d), (2)(a)(b), (3)(a)(b), (4)(a)(b) and (5)?

  2. Are the exceptions under 28 U.S.C. 2680(h) a generic way for the United States to get out of the waiver of sovereign immunity under FTCA 28 U.S.C. 1346(b)?

Counsel of record

For petitioner
Barbara A. Silva

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 12 2021
    Petition DENIED.
  2. Sep 15 2021
    DISTRIBUTED for Conference of 10/8/2021.
  3. Sep 08 2021
    Waiver of right of respondent United States to respond filed.
  4. Aug 25 2021
    Petition for a writ of certiorari filed. (Response due September 29, 2021)