Suit Against Bureau of Prisons Regarding Inmate Photos

In Maydak v. US, No. 07-5352, an action by prisoners against the Bureau of Prisons (BOP) claiming that (1) the BOP’s charges for and uses of duplicate inmate photos for security-related purposes violated the terms of the Inmate Trust Fund and (2) BOP’s undisclosed retention of duplicate prints violated various provisions of the Privacy Act, the court affirmed in part summary judgment for defendants where, even assuming that BOP’s review and retention of duplicate photos created a “system of records” triggering Privacy Act protections, civil remedies were only available if plaintiffs could show “that the agency acted in a manner which was intentional or willful.”  However, the court vacated in part where plaintiffs’ Trust Fund claims were now moot following their release.

Related Resources

  • Read the DC Circuit’s Decision in Maydak v. US, No. 07-5352

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