Easter v. Nevada State Bank, 58 F. App'x 355 (9th Cir. 2003). · Go Syfert
Easter v. Nevada State Bank, 58 F. App'x 355 (9th Cir. 2003). Cases Citing This Book View Copy Cite
3 citation events across 2 distinct courts.
Strongest positive: Kosmider v. Garcia (nyappdiv, 2013-11-21)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Kosmider v. Garcia
N.Y. App. Div. · 2013 · confidence medium
The protections of RFPA, however, only extend to bank records sought by “any agency or department of the United States, or any officer, employee, or agent thereof” ( 12 USC § 3401 [3] [emphasis added]; see 12 USC §§ 3402 , 3403 [a]; Wright v Liguori, 445 Fed Appx 469, 471 [3d Cir 2011]; Easter v Nevada State Bank, 58 Fed Appx 355, 355-356 [9th Cir 2003]; Nuby v South Boston Sav.
discussed Cited as authority (rule) Kosmider v. Garcia
N.Y. App. Div. · 2013 · confidence medium
The protections of RFPA, however, only extend to bank records sought by “any agency or department of the United States, or any officer, employee, or agent thereof” ( 12 USC § 3401 [3] [emphasis added]; see 12 USC §§ 3402 , 3403 [a]; Wright v Liguori, 445 Fed Appx 469, 471 [3d Cir 2011]; Easter v Nevada State Bank, 58 Fed Appx 355, 355-356 [9th Cir 2003]; Nuby v South Boston Sav.
Retrieving the full opinion text from the archive…
Glen W. EASTER
v.
NEVADA STATE BANK
No. 01-16499; D.C. No. CV-02-00146-JCM.
Court of Appeals for the Ninth Circuit.
Mar 13, 2003.
58 F. App'x 355
Cited by 3 opinions  |  Published

MEMORANDUM **

Glen W. Easter and Honey G. Easter appeal pro se the district court’s judgment dismissing their action against Nevada State Bank and Wells Fargo Bank alleging violation of the Right to Financial Privacy Act (“RFPA”), 12 U.S.C. §§ 3401-3422. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim. Patenaude v. Equitable Life Assurance Soc’y, 290 F.3d 1020, 1023 (9th Cir.2002). We affirm.

The district court properly dismissed the Easters’ action because the RFPA does not apply to state and local governments. See 12 U.S.C. §§ 3401-3403 (limit[*356] ing access by the federal government to personal financial records). The Easters’ sole contention on appeal is that the RFPA should be read more broadly to encompass the actions of the City of North Las Vegas and the Clark County District Attorney. This contention fails because the RFPA defines “Government authority” as “any agency or department of the United States, or any officer, employee, or agent thereof,” 12 U.S.C. § 3401(3), and nothing in the statutory context or legislative history supports deviating from the statute’s plain meaning. See Patenaude, 290 F.3d at 1025 (plain language of a statute is conclusive absent clearly expressed legislative intention to the contrary).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.