UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
March 17, 2011
CATHERINE RIASCOS-HURTADO AND GLADYS SANCHEZ-LOQUI, PLAINTIFFS,
UNITED STATES OF AMERICA AND THEODORE RAINES, DEFENDANTS.
The opinion of the court was delivered by: Carter, United States Magistrate Judge:
Before the Court is Plaintiffs' motion to compel the United States of America (the "Government") to produce the background investigations of Theodore Raines*fn1 , a former Bureau of Prisons employee. The documents sought by Plaintiffs is protected by the Privacy Act, 5 U.S.C. § 552a. Under 5 U.S.C. § 552a(b)(11), a court of competent jurisdiction may authorize the disclosure of the information.
Here, while the Government intends to bring a motion to dismiss, because the documents sought by Plaintiffs are relevant to the action and may be relied upon by Plaintiffs in opposing the Government's motion, I grant the motion to compel. See Laxalt v. McClatchy, 809 F.2d 885, 889 (D.C. Cir. 1987) ("The Privacy Act . does not create a qualified discovery privilege as that concept is generally understood, and we find no basis in the statute or its legislative history for inferring one.").
Brooklyn, New York
HONORABLE ANDREW L. CARTER, JR. UNITED STATES MAGISTRATE JUDGE