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03-084 - Beaven, et al v. US Dept of Justice, et al


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03-084 - Beaven, et al v. US Dept of Justice, et al
March 30, 2007
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MEMORANDUM OPINION & ORDER: Dfts' motion to dismiss the plfs' outrage claim for lack of subject matter jurisdiction 289 is GRANTED IN PART and DENIED IN PART. The motion is DENIED as to (1) Jones's improper access to the information; (2) failure to properly mark documents of the folder; (3) transportation of the folder without required security precautions; (4) leaving the folder unsecured in UNICOR; and (5) failure to timely report to OIA the result of its inquiry into Jones's handling of the Marion Johnson incident. The motion is GRANTED in all other respects. The plaintiff's motion to reconsider the court's 9/29/05 order regarding evidentiary sanctions against the dft 290 is GRANTED, and the court will impose against the dfts the adverse inference that the folder would have proven that it had been accessed by inmates. The court finds in favor of the plfs' FTCA Invasion of Privacy claim, and the plfs' FTCA Outrage claim is DISMISSED for lack of jurisdiction and as moot. The plaintiffs shall file a motion for entry of judgment, detailing the monetary award to which each plf is entitled, not later than 30 days from the date of entry of this memorandum opinion and order. Pursuant to U.S.C. 552a(g)(2)(B), the plfs shall file a motion for reasonable attorney's fees and costs within 30 days of the date of entry of judgment. Response and reply times for both motions shall be governed by the Local Rules. Signed by Judge Jennifer B Coffman. (JMW)cc: COR