FAA VS. Cooper

FAA (Federal Aviation Administration) Vs. Cooper.

Question: What did congress mean by actual damages?

The issue:  The issue is do mental and emotional injuries count and actual damages under the privacy act of 1974?

Cooper sued:  In 2007 Cooper sued the federal government saying the three agencies in safe pilots intentionally violated the privacy act when they sent his records to other agencies trying to cause him embarrassment, humiliation, mental anguish and emotional distress

 Privacy act no. 5 U.S.C

Cooper’s rational:  he felt as though people knowing his HIV status would have a bad effect on his job and his being gay would affect other aspects in his life.

CASE:  This case was about a man named Stanmore Cawthon Cooper was private airplane pilot since 1964 and when you are a pilot you get a flying certificate and to legally be able to fly a plane you have to follow the rules set by the FAA which is a pilot has to have a valid up to date “airman certificate” and this means the you have to let the FAA know if you have any illness or disabilities or surgeries you have had or have currently. This became a problem for cooper because in 1985 he was diagnosed with HIV and he knew that he would not be able to get his certification to fly with this on his records so he decided that he would stop flying. Then in 1994 with this he had to give in his medical information again but this time he chose not to give the information on him having HIV. This time because he did not tell them about his HIV he received his flying certificate and for ten years he was flying for ten years each year still keeping this information hidden. Copper eventually got caught when one his health started getting worse and he applied for SSA (social security Administration.) for long term disability. and when he applied he told the SSA the he had HIV with the understanding the everything he puts in the application is private and confidential in order for them to see if they find him eligible. He was found eligible and received the benefits from SSA for a year during this year his health improved drastically and he no longer needed the benefits so he drops the SAA he was receiving. In 2002 and agency named DOT (department of transportation came out with “Operation safe Pilot” which was an investigation to find unfit people with pilot certificates and this agency was partnered with the SAA so during the investigation they went through the list of people who were pilots and cross examined their information to make sure everything matched up and while doing this they found that Cooper had been lying and not telling them about his HIV status.  Because he lied to the government in 2005 he was found guilty on 3 counts of false statements to government agency. He pleaded guilty to one count. His pilot certificate was revoked. No decision has been made but Copper is fought to get his pilot certificate back and he did after careful consideration the FAA reinstated it for him.