Berenguer v. Anoka County, No. 16-4123 (8th Cir. 2018)
Annotate this CasePlaintiff, a former MLB player, filed suit alleging violations of the Driver's Privacy Protection Act (DPPA), 18 U.S.C. 2721-25, after an audit revealed that officers from over thirty departments had accessed his information more than 125 times. After the issuance of the Eighth Circuit's opinions in McDonough v. Anoka County, 799 F.3d 931 (2015), and Tichich v. City of Bloomington, 835 F.3d 856 (2016), plaintiff conceded that only his claims against the City of Bloomington and the City of Shakopee were timely and plausible. With respect to these claims, the court affirmed the district court's grant of defendants' motion to dismiss because plaintiff failed to plead sufficient facts to show an impermissible purpose by defendants.
Court Description: Murphy, Author, with Smith, Chief Judge, and Colloton, Circuit Judge] Civil case - Driver's Privacy Protection Act. In action by a former Major League Baseball player asserting improper access to his personal information in violation of the DPPA, plaintiff conceded that after this court's opinions on the Act, only his claims against the cities of Bloomington and Shakopee, Minnesota were timely; with respect to these claims, the district court did not err in determining that plaintiff failed to plead a plausible claim because he failed to plead sufficient facts to show an impermissible purpose by the defendants.
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