Actual Damage-NGPA Ptown FINAL SCOTUS 10-1024
Actual Damage-NGPA Ptown FINAL SCOTUS 10-1024
Actual Damage-NGPA Ptown FINAL SCOTUS 10-1024
Actual Damage
Operation Safe Pilot and The Privacy Act of 1974
Stan Cooper
Experience should teach us to be most on our guard to protect liberty when the governments purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, wellmeaning but without understanding.
-U.S. Supreme Court Justice Louis Brandeis -1928
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The authorization of suits against the government for actual damages in the Privacy Act of 1974 is not sufficiently clear to constitute a waiver of sovereign immunity from suits for mental and emotional distress.
U.S. Supreme Court in FAA v Cooper March 28, 2012
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Contents
The Privacy Act The Operation Safe Pilot Investigation What the Government Did and Why It Was Illegal Who I Am and What I Did The Emergency Revocations The Criminal Case My Recertification Captain Russell H. Johansen My Civil Lawsuit Against the FAA, DOT, and SSA What The Courts Said What Was Accomplished? Next Steps Legislative Reform
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The government obstructed my Motion to Compel Further Discovery in the civil lawsuit by claiming release of discovery we were seeking would compromise national security. This refusal to provide discovery to which I was entitled was, I believe, an effort to conceal the Privacy Act violations.
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My Recertification
The FAA has a policy of permitting pilots who have had certificate revocations to request recertification after one year. On April 6, 2006, a little more than a year after the emergency revocations, I received a letter from the FAA Regional Counsel granting my request for recertification. After a thorough physical examination by a senior AME specified by the regional FAA flight surgeon, a thorough review of all of my medical records for the previous ten years, and taking the CogScreen-AE computerized cognitive test, I was issued a new SI third class medical on August 5, 2006. After months of coaching and dual instruction from friend, NGPA member, and CFI Mike Hart, I passed the written, oral, and practical tests for my private pilot airman certificate on September 11, 2006, exactly 42 years to the day after receiving my first license. THANK YOU, MIKE!!!
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* Two federal appeals courts had ruled in Privacy Act cases that because actual damage is an ambiguous term, the Doctrine of Sovereign Immunity requires the term must be narrowly construed to mean only pecuniary (financial) losses. A third federal appeals court ruled that provable mental and emotional distress is actual damage, hence the circuit court split.
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Acknowledgements
Special thanks to the following organizations and individuals for their extraordinary contributions and support in the interest of justice. The National Gay Pilots Association for persuading the FAA Civil Aeromedical Certification Institute in 1997 that its then current policy of refusing certification to healthy HIV infected pilots on anti-retroviral medications could be changed without compromising aviation safety Aircraft Owners and Pilots Association Legal Services Plan Michael Dworkin, Attorney, who appealed my emergency revocations James Pokorny, Attorney, who was my defense attorney in the criminal case ReedSmith LLP attorneys James Wood, Tiffany Thomas, David Bird, Ray Cardozo, James Martin, and Tom Pohl, for representing me pro bono in my civil lawsuit, and steadfastly supporting me through the appeals all the way to the U.S. Supreme Court
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THANK YOU!
QUESTIONS?
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