At page 1352 Defining system of records under the privacy act45 citing cases“it is a party's first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal.”
- United States v. Texeira-Nieves, 23 F.4th 48 (1st Cir. 2022).published(It is a party's first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal.)
- Acosta v. Puerto Rico Dep't of Health, 96 F. App'x 4 (1st Cir. 2004).unpublished([I]t is a party’s first obligation to seek any relief that might fairly have been though available in the district court before seeking it on appeal.)
- MCI Telecomm. Corp. v. Matrix Commc'ns Corp., 135 F.3d 27 (1st Cir. 1998).published([I]t is a party’s first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal.)
- MCI Tele Comm v. Matrix Comm Corp, No. 96-2246 (1st Cir. Jan. 29, 1998).published([I]t is a party's ___ first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal.)
- Hector Vega-Rodriguez v. Puerto Rico Tel. Co., 110 F.3d 174 (1st Cir. 1997).published ([I]t is a party's first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal.)
- Vega-Rodriguez v. Puerto, No. 96-2061 (1st Cir. Apr. 8, 1997).published([I]t is a party's first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal.)
- United States v. Tkhilaishvili, 926 F.3d 1 (1st Cir. 2019).published([I]t is black letter law that it is a party's first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal.)
- United States v. Adams, 971 F.3d 22 (1st Cir. 2020).publishedSee United States v. Tkhilaishvili, 926 F.3d 1, 18 (1st Cir.), cert. denied, 140 S. Ct. 412 (2019); Beaulieu v. IRS, 865 F.2d 1351, 1352 (1st Cir. 1989).
- United States v. Pérez, 819 F.3d 541 (1st Cir. 2016).publishedCf. Cahoon v. Shelton, 647 F.3d 18, 29 (1st Cir.2011) (warning that a party cannot expect to obtain relief from an appellate court that he never sought in the trial court); Beaulieu v. U.S. IRS, 865 F.2d 1351, 1352 (1st Cir.1989) (same).
- United States v. Perez, 819 F.3d 541 (1st Cir. 2016).publishedCf. Cahoon v. Shelton, 647 F.3d 18, 29 (1st Cir. 2011) (warning that a party cannot expect to obtain relief from an appellate court that he never sought in the trial court); Beaulieu v. U.S. IRS, 865 F.2d 1351, 1352 (1st Cir. 1989) (same).
Show 30 more citing cases
- Shervin v. Partners Healthcare Sys., Inc., 804 F.3d 23 (1st Cir. 2015).publishedSee, e.g., Cahoon v. Shelton, 647 F.3d 18, 29 (1st Cir.2011); Beaulieu v. IRS, 865 F.2d 1351, 1352 (1st Cir.1989).
- Cahoon v. Shelton, 647 F.3d 18 (1st Cir. 2011).publishedSee Fed.R.Civ.P. 59(e); In re Sun Pipe Line, 831 F.2d at 24 (explaining that a motion asking “the court to modify its earlier disposition of a case because of an allegedly erroneous legal result is brought under Fed.R.Civ.P. 59(e)”). “[I]t…
- Mumme v. United States Dep't of Labor, 150 F. Supp. 2d 162 (D. Me. 2001).published Plaintiff, however, overlooks that one of the essential requirements of making a successful claim challenging an improper disclosure pursuant to the Privacy Act is that Plaintiff must substantiate that the agency disclosed information “whi…
- Alicea v. Caban, No. 98-1838 (1st Cir. Apr. 1, 1999).unpublished(similar)
- 75 Fair empl.prac.cas. (Bna) 1011, 72 Empl. Prac. Dec. P 45,097 Marilyn L. Hudson v. Janet Reno, Attorney Gen. of the United States, & United States Dep't of Just., 130 F.3d 1193 (6th Cir. 1998).publishedThe "spreading of rumors" is more closely akin to office gossip than to the disclosure of records protected by the Privacy Act. 7 See Beaulieu v. U.S., 865 F.2d 1351, 1352 (1st Cir.1989).
- Hudson v. Reno, 130 F.3d 1193 (6th Cir. 1997).publishedThe “spreading of rumors” is more closely akin to office gossip than to the disclosure of records protected by the Privacy Act. 7 See Beaulieu v. U.S., 865 F.2d 1351, 1352 (1st Cir.1989).
- 72 Fair empl.prac.cas. (Bna) 406, 69 Empl. Prac. Dec. P 44,437 Gilberto Mulero-Rodrguez, Gladys Ortiz-Margarys v. Ponte, Inc. & Haydee Sabines, Widow of Ponte, 98 F.3d 670 (1st Cir. 1996).published([I]t is a party's first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal.)
- Mulero Rodriguez v. Ponte, Inc., 98 F.3d 670 (1st Cir. 1996).published([I]t is a party’s first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal.)
- CMM Cable Rep v. Ocean Coast, No. 94-2172 (1st Cir. Apr. 11, 1995).unpublishedSee Dartmouth ___ _________ Review v. Dartmouth Coll., 889 F.2d 13, 22 (1st Cir. 1989); ______ _______________ Beaulieu v. United States IRS, 865 F.2d 1351, 1352 (1st Cir. ________ _________________ 1989); see generally Clauson v. Smith, 8…
- Cmm Cable Rep., Inc., D/B/A Creative Media Mgmt., Inc. v. Ocean Coast Props., Inc., D/B/A Wpor-Fm, 48 F.3d 618 (1st Cir. 1995).publishedSee Dartmouth Review v. Dartmouth Coll., 889 F.2d 13, 22 (1st Cir.1989): Beaulieu v. United States IRS, 865 F.2d 1351, 1352 (1st Cir. 1989); see generally Clauson v. Smith, 823 F.2d 660, 666 (1st Cir.1987) (holding that theories not develo…
- Williams v. Poulos, 11 F.3d 271 (1st Cir. 1993).publishedCf., e.g., Foley v. City of Lowell, 948 F.2d 10, 22 (1st Cir.1991) (“‘It is black letter law that it is a party’s first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on…
- Jones v. Winnepesaukee, No. 92-2151 (1st Cir. Apr. 1, 1993).publishedIn this circuit, "it is a party's first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal." Beaulieu v. ________ United States Internal Revenue Serv., 865 F.2d 135…
- Catherine M. Jones v. Winnepesaukee Realty, 990 F.2d 1 (1st Cir. 1993).publishedIn this circuit, “it is a party’s first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal.” Beaulieu v. United States Internal Revenue Serv., 865 F.2d 1351, 1352 (…
- Shantee Monga v. Glover Landing Condo. Trust, 986 F.2d 1407 (1st Cir. 1993).unpublished Having failed to object to the petition prior to the district court's action, the Mongas further failed to ask for reconsideration and elucidation from the district court when it entered the order, the deficiencies of which they presently…
- Nelson Afanador v. United States Postal Serv., 976 F.2d 724 (1st Cir. 1992).unpublishedIn this circuit, as we have stated before, it is "a party's first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal." The Dartmouth Review v. Dartmouth College, 88…
- Charles M. Thibeault v. Square D Co., 960 F.2d 239 (1st Cir. 1992).publishedSee, e.g., McCoy v. Massachusetts Inst. of Technology, 950 F.2d 13, 22 (1st Cir.1991), petition for cert. filed, 60 U.S.L.W. 3601 (U.S. Feb. 14, 1992); Feinstein v. Resolution Trust Corp., 942 F.2d 34, 43-44 (1st Cir.1991); Beaulieu v. Uni…
- Michael J. Foley v. City of Lowell, Massachusetts, Michael J. Foley v. City of Lowell, Massachusetts, 948 F.2d 10 (1st Cir. 1991).publishedThat ends the matter. ’’[I]t is black letter law that it is a party's first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal.” Beaulieu v. United States Internal…
- Royal Bus. Grp., Inc. v. Realist, Inc., 933 F.2d 1056 (1st Cir. 1991).publishedSee Powers, 926 F.2d at 112 ; Beaulieu v. United States Internal Revenue Serv., 865 F.2d 1351, 1352 (1st Cir.1989).
- Jose Lorenzo Arzuaga-Collazo v. Oriental Fed. Sav. Bank, 913 F.2d 5 (1st Cir. 1990).publishedSee Dartmouth Review, 889 F.2d at 22 ; Beaulieu v. IRS, 865 F.2d 1351, 1352 (1st Cir.1989).
- Anne Anderson v. Beatrice Foods Co., 900 F.2d 388 (1st Cir. 1990).publishedWe have routinely held that (1) a suitor’s first obligation, on pain of waiver, is “to seek any relief that might fairly have been thought available in the district court before seeking it on appeal,” Beaulieu v. United States Internal Rev…
- Salim Aoude v. Mobil Oil Corp., 892 F.2d 1115 (1st Cir. 1989).published(it is a party’s first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal)
- The Dartmouth Review, on Behalf of Its Officers, Staff & Subscribers v. Dartmouth Coll., 889 F.2d 13 (1st Cir. 1989).publishedIn this circuit, “it is a party’s first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal.” Beaulieu v. United States Internal Revenue Service, 865 F.2d 1351, 1352…
- Marilyn R. Wilson, Etc. v. Atlanticare Med. Ctr., 868 F.2d 34 (1st Cir. 1989).publishedCf. Beaulieu v. United States of America Internal Revenue Service, 865 F.2d 1351, 1352 (1st Cir.1989).
- Bock v. Gold, 2008 VT 81, 959 A.2d 990.published (Simply to state that a claim is made under a named statute is not a short and plain statement of what the claim is. Even less is it a showing of entitlement to relief.” (citations omitted))
- Pomerleau v. West Springfield Pub. Schs., 362 F.3d 143 (1st Cir. 2004).published([I]t is a party’s first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal.)
- William C. Feinstein v. Resolution Trust Corp., Etc., 942 F.2d 34 (1st Cir. 1991).published (it is a party’s obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal)
- Jorge Correa-Martinez v. Rene Arrillaga-Belendez, 903 F.2d 49 (1st Cir. 1990).publishedSee generally Dartmouth Review, 889 F.2d at 22 ("In this circuit, 'it is a party’s first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal.”’) (quoting Beaulieu v.…
- Chang v. Dep't of the Navy, 314 F. Supp. 2d 35 (D.D.C. 2004).published(finding that an “all-out, basic requirement of the [Privacy] Act” and the “whole substance of the statute” is that information disclosed must come from a system of records)
- Monga v. Glover Landing, No. 92-1478 (1st Cir. Mar. 1, 1993).unpublished
- Keach v. Wheeling & Lake Erie Ry. Co. (In Re Montreal, Maine & Atl. Ry., Ltd.), 888 F.3d 1 (1st Cir. 2018).published
Other citing cases
- McGrane v. Reader's Digest Ass'n, Inc., 822 F. Supp. 1044 (S.D.N.Y. 1993).published
v.
UNITED STATES of America, INTERNAL REVENUE SERVICE, Defendant, Appellee
In January 1978 plaintiff, Janet Beaulieu, a seasonal employee of the Internal Revenue Service, was indefinitely suspended because she had been indicted in the New Hampshire state court in connection with controlled substances. The suspension was lifted in February 1980, when the indictment was dismissed. In October 1980 she resigned from the Service, and since then has been engaged in suing it. The present, third, action, was filed in June 1987. This complaint she later amended to contain present Count Two, asserting that the IRS had made disclosures concerning her in vio--lation of the Privacy Act, 5 U.S.C. § 552a. Defendant moved to dismiss, and all counts were dismissed. Plaintiff appeals with respect to Count Two. We affirm.
The only substantive allegations in Count Two are in paragraph 19.
The Plaintiff alleges that, on various occasions from 1978 to date, the Defendant United States of America Internal Revenue Service willfully disclosed various material records and other information concerning the Plaintiff in violation of said 5 U.S.C. Section 552(a) [sic], various of which disclosures the said Defendant knew to be false. The said unlawful disclosures, in violation of 5 U.S.C. Section 552(a) [sic], were first discovered by the Plaintiff during mid-1986.
The court, in dismissing that count, stated,
The statute provides:
No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains....
5 U.S.C. § 552a(b) (1982).
(Emphasis supplied by us). Continuing, the court said,
Defendants argue that plaintiff has failed to allege that the IRS disclosed records that were the type of records kept within the meaning of the Act. The Act specifically defines “record” to be “any item, collection, or grouping of in[*1352] formation about an individual that is maintained by an agency” and “system of records” to be “a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.” 5 U.S.C. § 552a(a) (1982).
Plaintiff has not alleged that the information disclosed falls within the definitions of the Privacy Act.
The court went on to note that plaintiff had been required by a magistrate’s order to supply “the details of the alleged violations of the Privacy Act,” and remarked that plaintiffs response was substantially deficient. For all one can tell from the affidavit that plaintiff provided at the magistrate’s request, the alleged violations concerned office gossip, rather than records protected by the Privacy Act. But, more important, and to us determinative, is the fact that plaintiff has still not alleged that any of the information disclosed came from a “system of records,” the all-out, basic requirement of the Act. See Fagot v. Federal Deposit Ins. Corp., 584 F.Supp. 1168, 1174 (D.P.R.1984) (citing cases).
On this appeal plaintiff says that her case fell on a technicality, her failure to include in the complaint “eight conclusory buzzwords.” However, the so-called buzzwords are the whole substance of the statute, as previously emphasized. Plaintiff says that this was not a significant omission because “notice pleadings” are enough, citing Conley v. Gibson, 355 U.S. 41, 47-48, 78 S.Ct. 99, 103, 2 L.Ed.2d 80 (1957), and that notice was given by the allegation that the disclosures were “in violation of” the Act.
A mere reference to a statute is not enough; this is to reduce the concept of notice pleading to the point of no return. F.R.Civ.P. 8(a)(2) provides,
(a) Claims for Relief A pleading which sets forth a claim for relief ... shall contain ... (2) a short and plain statement of the claim showing that the pleader is entitled to the relief....
Simply to state that a claim is made under a named statute is not a short and plain statement of what the claim is. See Crest Auto Supplies, Inc. v. Ero Mfg. Co., 360 F.2d 896, 901-02 (7th Cir.1966) (complaint's allegation of a violation of § 2 of Clayton Act insufficient to state a claim); cf. Fisher v. Flynn, 598 F.2d 663, 665 (1st Cir.1979) (to state a claim, complaint must do more than allege a violation of civil rights statute). Even less is it a showing of entitlement to relief. Nothing in Conley supports plaintiff, nor do the Notes to Rule 8, to which plaintiff refers us, generally.
Plaintiff’s contention that her pleading “should be construed liberally” is equally meaningless — there was nothing to construe. So is it meaningless for plaintiff to complain that the court should have allowed her to amend. Whether it might have been error for the court to have denied leave to amend is not before us; plaintiff never requested it. Very possibly, after six years of fruitless litigation, the court might have denied the motion, but it is black letter law that it is a party’s first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal. See Fisher v. Flynn, 598 F.2d, ante, at 666. Plaintiff is confined to her complaint, which is fatally deficient.
AFFIRMED.