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Pippinger v. Rubin

United States Court of Appeals for the Tenth Circuit
129 F.3d 519 (1997)

Written by Sean Carroll, JD

Facts

John Pippinger (plaintiff) had a romantic relationship with a subordinate while working at the Internal Revenue Service (IRS) (defendant). The IRS suspended Pippinger for two days without pay for the conduct. Around the same time, Pippinger’s supervisor, Patrick Schluck, also had a romantic relationship with a subordinate. The IRS demoted Schluck because of this relationship and also because, as Pippinger’s supervisor, Schluck had participated in the proceedings against Pippinger while Schluck likewise was engaged in a relationship with a subordinate. Schluck appealed his demotion, and during the appeal, the IRS supported the demotion in part by submitting evidence about Pippinger’s relationship and suspension. The information about Pippinger was disclosed to Schluck’s attorney and a court reporter. Pippinger sued the IRS for violating the Privacy Act of 1974 (the act). The district court granted the IRS summary judgment. Pippinger appealed.

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Holding and Reasoning (Ebel, J.)

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