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Federal Aviation Administration v. Stanmore Cawthon Cooper

Updated Oct 18, 2026

In brief

The Privacy Act does not clearly allow emotional-distress damages from the federal government, so the Supreme Court overturned the Ninth Circuit's ruling and sent Cooper's case back.

Where it stands
Decided

Decided 5-3 · March 28, 2012 · Opinion by Justice Alito

What it’s about
After Stanmore Cooper’s HIV status reached the FAA and his pilot certificate was revoked, he sought damages for emotional distress under the Privacy Act.
Who it affects
People seeking damages from the federal government under the Privacy Act cannot recover for mental or emotional distress under this ruling.

Summary: written with AI from the case record.

Illustration for Federal Aviation Administration v. Stanmore Cawthon Cooper
Conceptual illustration · AI-generated

What it's about

The Supreme Court ruled that the Act did not clearly let people recover such damages from the federal government, overturned the Ninth Circuit’s ruling, and sent the case back to that court (remanded).

The dispute began after Cooper's HIV status reached the FAA and the agency revoked his pilot certificate.

The Privacy Act of 1974 lets people seek damages for certain federal-agency misconduct.

Question presented

Does the Privacy Act's "actual damages" provision cover mental and emotional distress?

What the Court decided

Holding

The Privacy Act does not unequivocally authorize damages for mental or emotional distress and therefore does not waive the Government’s sovereign immunity from liability for such harms. Pp. 4– 19. 622 F. 3d 1016, reversed and remanded.

Result
Reversed

The Court's reasoning

The Court said Congress must clearly authorize suits against the federal government. It found that the Privacy Act does not clearly authorize damages for mental or emotional distress.

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 5joined the Court's opinion
  1. Thomas
  2. Scalia
  3. Kennedy
  4. Roberts
  5. Alitowrote the opinion
Dissenting · 3disagreed with the result
  1. Breyer
  2. Ginsburg
  3. Sotomayorwrote the dissent
5 justices joined the judgment, 3 dissented.

From the opinions

“That result is at odds with the text, structure, and drafting history of the Act.”

— Justice Sotomayor(dissent)

What's next

The case returns to the Ninth Circuit for further proceedings under the Supreme Court's ruling; the Supreme Court did not decide the case's ultimate outcome.

Documents

2

Opinions

  • FAA

    Alito, Ajoito, Roberts, Scalia, Kennedy, Thomas, Sotomayor, Ginsburg, Breyer, Kagan

Audio

View the full docket on supremecourt.gov

Docket activity

10
  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 18, 2026 · Generated

  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Oct 18, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Oct 18, 2026 · Generated

Show 5 more
  • AI analysis generated: Decision Record

    Oct 18, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 18, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 17, 2026 · Court records

  • Audio Recording added: Oral Arguments - FAA

    Oct 30, 2014 · Court records

  • Opinion added: FAA

    Mar 28, 2012 · Court records

More questions

1
Why did Justice Sotomayor disagree?
She argued that the Privacy Act's text and purpose support emotional-distress damages, and that excluding them weakens the law's privacy protections.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 18, 2026Methodology

Court records and filings

Reporting and analysis