E. V. v. Robinson, No. 16-16975 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit affirmed the district court's dismissal of an action brought by E.V., a civilian on a military base in Japan, seeking to enjoin the release of her mental health records. Applying the framework in Larson v. Domestic & Foreign Commerce Corp., 337 U.S. 682 (1949), the panel held that sovereign immunity barred E.V.'s non-constitutional claims for injunctive relief because they were considered to be against the government and the government had not waived its immunity. Although E.V.'s constitutional claims were considered to be against Judge Robinson as an individual and were not barred by sovereign immunity, the panel held that E.V.'s constitutional claims must be dismissed on other grounds.
Court Description: Sovereign Immunity The panel affirmed the district court’s dismissal on sovereign immunity grounds of an action brought by E.V., a civilian on a military base in Japan, seeking to enjoin the release of her mental health records. E.V. filed this action against Judge Robinson in his official capacity as a military judge who presided over the court-martial of a service member accused of sexually assaulting E.V. Judge Robinson conducted an in camera review of E.V.’s mental health records and ordered that portions of those records be released to the court-martial parties pursuant to a qualified protective order. The panel applied the framework set out in Larson v. Domestic & Foreign Commerce Corp., 337 U.S. 682 (1949), and held that sovereign immunity barred E.V.’s non- constitutional claims for injunctive relief because those claims were considered to be against the government and the government had not waived its immunity. The panel further held that, under Larson, E.V.’s constitutional claims were considered to be against Judge Robinson as an individual and thus were not barred by sovereign immunity. The panel concluded, however, that E.V.’s constitutional claims must be dismissed on other grounds.
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