No. 21-291

Barbara Silva v. United States

Lower Court: Tenth Circuit
Docketed: 2021-08-30
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-rights due-process equal-protection federal-tort-claims-act personal-information privacy-act privacy-act-1974 social-security-number sovereign-immunity subject-matter-jurisdiction
Key Terms:
AdministrativeLaw SocialSecurity DueProcess FourthAmendment Privacy
Latest Conference: 2021-10-08
Question Presented (from Petition)

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)?

3) In the 14th amendment of the constitution it states "No
state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor
shall any state deprive any person of life, liberty or
property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws. "
Would the United States be in violation of the 9th amendment
& 14th amendment of the United States Constitution by
negligently issuing to one person, another 's social security
number and causing harm?

4) Is the But-For causation Sine Qua Non rule in negligence
cases?
Would this not apply to this Particular case?

Question Presented (AI Summary)

Whether the Privacy Act of 1974 requires the government to maintain accurate information and not disclose protected personal information, and whether this provides subject matter jurisdiction under the Federal Tort Claims Act

Docket Entries

2021-10-12
Petition DENIED.
2021-09-15
DISTRIBUTED for Conference of 10/8/2021.
2021-09-08
Waiver of right of respondent United States to respond filed.
2021-08-25
Petition for a writ of certiorari filed. (Response due September 29, 2021)

Attorneys

Barbara Silva
Barbara A. Silva — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent