141754P.pdf   08/20/2015  Johanna McDonough  v.  Anoka County
   U.S. Court of Appeals Case No:  14-1754
                          and No:  14-1756
                          and No:  14-1765
                          and No:  14-1974
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Wollman, Author, with Beam and Colloton, Circuit Judges. 
   Civil Cases - Driver's Privacy Protection Act. Driver's Privacy Protection 
   Act prohibits state motor vehicle departments from disclosing personal 
   information in a motor vehicle record except for uses explicitly 
   enumerated in the statute. District court dismissed complaint alleging 
   that named entities and individuals violated the Act by accessing or 
   disclosing personal information. Based on policy considerations and the 
   text and structure of 28 U.S.C. sec. 1658(a), the statute of limitations 
   for violations of the Driver's Privacy Protection Act began to run when 
   the violations occurred, not when they were discovered. The district 
   court's dismissal of claims that occurred more than four years prior to 
   the filing of the complaint are affirmed. Under the Act, obtaining the 
   information includes accessing and observing the data; the data, once 
   obtained for a purpose not permitted, need not be actually used for an 
   improper purpose to violate the Act. The number of accesses alone do not 
   create an inference of impermissible purpose. Upon review of plaintiff's 
   complaint against each defendant, Bass asserted sufficient accesses by 31 
   of the 69 agencies to state a facially plausible claim for relief and 
   dismissal as to those agencies is reversed; dismissal of the other 38 
   agencies is affirmed. McDonough stated facially plausible claims by seven 
   local entities and their dismissal is reversed; the dismissal of that 
   claims against the remaining eight agencies are affirmed. Similarly, the 
   dismissal of Mitchell's claims against four law enforcement agencies are 
   reversed. The dismissal of Potocnik's claims are affirmed. The dismissal 
   of claims against the Commissioners is affirmed.