446 F. App'x 477
3d Cir.2011Background
- Campbell has received SSDI since 1999 for psychological problems and previously had a 1995 denial of benefits.
- In 2008 Campbell challenged SSA records from the 1995 file after visiting SSA in Philadelphia; he sought FOIA, Privacy Act, and Social Security Act remedies along with related damages.
- SSA produced a substantial portion of Campbell's records (about 570 pages); Campbell moved to amend the complaint to add fraud, fraudulent concealment, retaliation, and other claims.
- District Court granted summary judgment for SSA, finding FOIA and Privacy Act claims moot for produced documents and rejecting negligence, retaliation, and other claims.
- On appeal, Campbell challenges abandonment of FOIA claim, adequacy of the SSA search, negligence, retaliation, and other statutory/damages theories; the Third Amended Complaint raised new theories.
- Court affirms district court’s grant of summary judgment for SSA, relying on statutory immunities, exhaustion requirements, and lack of evidence of willful conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FOIA/Privacy Act mootness on produced docs | SSA withheld documents; search was inadequate. | Production mootness; search supported by affidavits. | Summary judgment proper; production moots FOIA/Privacy Act claims. |
| Adequacy of SSA search for documents | Search was not reasonably calculated to uncover all records. | Affidavits show a reasonable search. | Search was adequate; no withheld documents shown. |
| Negligent maintenance of records claiming damages | SSA maintained records negligently, causing harm. | Need willful/intention for damages under Privacy Act; no evidence of willfulness. | Summary judgment for SSA; no willful/intentional conduct shown. |
| Retaliation/FTCA and sovereign immunity | FTCA exhaustion; retaliation claim viable; damages allowed. | No statutory basis; sovereign immunity bars due process and FTCA claims; 405(g) governs review; | Retaliation and related claims barred; 405(g) exclusive review; affirm on alternative grounds. |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment standard: no genuine issue of material fact)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (material facts must be genuinely in dispute)
- Weisberg v. U.S. Dep’t of Justice, 705 F.2d 1344 (D.C. Cir. 1983) (adequacy of agency searches in FOIA cases; affidavits permitted)
- OSHA Data/CIH, Inc. v. U.S. Dep’t of Labor, 220 F.3d 153 (3d Cir. 2000) (document production and mootness in FOIA context)
- Califano v. Sanders, 430 U.S. 99 (1977) (exclusive review for SSA determinations under 405(g))