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The district court granted in part the government's motion for summary judgment, holding that Akutowicz's tort claims were barred by section 2680(a) and (h) of the FTCA, and that the constitutional claims were barred under the doctrine of res judicata. Subsequently, the government successfully moved to dismiss Akutowicz's remaining claims under the Privacy Act and the FOIA for lack of subject matter jurisdiction. Judgment was entered accordingly.

Plaintiff appeals from the district court's rulings under the FTCA and the Privacy Act. Because we find that Akutowicz has not satisfied the private analog requirement of the FTCA, we affirm the district court as to the tort claims for the reasons that follow. We also affirm the court's dismissal of the Privacy Act claims, because Akutowicz failed to satisfy the Act's jurisdictional requirements.


859 F.2d 1122 (1988)

Edwin J. AKUTOWICZ, Plaintiff-Appellant,


The UNITED STATES of America, Defendant-Appellee.

No. 1173, Docket 88-6017.

United States Court of Appeals, Second Circuit.

Argued August 16, 1988. Decided October 17, 1988.

New York Law School location: File #606, Box #121