Van Zee v. Hanson, No. 10-1588

Action Claiming Improper Disclosure of Juvenile Records

In Van Zee v. Hanson, No. 10-1588, an action alleging that defendant violated plaintiff's Fourteenth Amendment rights by disclosing his juvenile records to an Army recruiter, the court affirmed the dismissal of the complaint where 1) plaintiff had (at least) constructive notice that the district court intended to consider matters outside the complaint when the court, by memorandum to counsel, requested copies of any release forms plaintiff signed when enlisting in the Army; and 2) the court need not determine whether plaintiff had a property interest in the confidentiality of his juvenile records, because he waived any interest he might have had.

As the court wrote:  "Joseph S. Van Zee sued Marilyn Hanson under 42 U.S.C. § 1983, alleging that she violated his Fourteenth Amendment rights by disclosing his juvenile records to an Army recruiter. The district court1 dismissed the complaint for failure to state a claim upon which relief could be granted. Van Zee v. Hanson, No. CIV. 09-3007, 2010 WL 653430, at *3 (D.S.D. Feb. 22, 2010). This court affirms.Joseph S. Van Zee sued Marilyn Hanson under 42 U.S.C. § 1983, alleging that she violated his Fourteenth Amendment rights by disclosing his juvenile records to an Army recruiter. The district court1 dismissed the complaint for failure to state a claim upon which relief could be granted. Van Zee v. Hanson, No. CIV. 09-3007, 2010 WL 653430, at *3 (D.S.D. Feb. 22, 2010). This court affirms."

Related Resources

• Read the Eighth Circuit's Decision in Van Zee v. Hanson, No. 10-1588