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Birnbaum v. United States

436 F. Supp. 967 (1977)

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Birnbaum v. United States

United States District Court for the Eastern District of New York
436 F. Supp. 967 (1977)

Facts

From 1953 to 1973, in a project known as HTLINGUAL, the Central Intelligence Agency (CIA) opened mail that passed through Hawaii, San Francisco, New Orleans, and New York, opening at least 13,000 letters one year in New York alone. The contents of some letters were copied and circulated within the CIA and the Federal Bureau of Investigation (FBI). Because of requests made under the Freedom of Information Act after the program had ended, Norman Birnbaum, Mary Rule MacMillen, and B. Leonard Avery (plaintiffs) became aware that their personal letters had been opened and read by the CIA. Upon learning of this, all three suffered emotional distress, with MacMillen experiencing hives and respiratory difficulties. However, none lost their jobs, suffered any damage to their reputations, were subject to any government investigations, or incurred medical expenses or other damages. Birnbaum, MacMillen, and Avery sued the United States under the Federal Tort Claims Act for violating their privacy and their constitutional rights. The United States admitted the mail was improperly opened, the court determined that the United States’ actions constituted an invasion of privacy as well as other constitutional torts, and damages were at issue.

Rule of Law

Issue

Holding and Reasoning (Weinstein, J.)

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