• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer navigation
  • Washington, D.C.
  • melissa@mkfamily.law
  • (202) 713-5165
  • mkfamily.law

International Family Law Resources

  • About MKFL
  • Websites
  • Blog
  • FAQ
  • Articles
  • Books
  • Videos
  • Events
  • Contact

Case Update (29 March 2022): Jack Stone v. USA; suit against senator’s office dismissed

Case Update (29 March 2022): Jack Stone v. USA; suit against senator’s office dismissed

April 28, 2022

Mr. Jack Stone’s recent lawsuit against Senator Schatz and his employee has been dismissed. Mr. Stone had contacted Senator Schatz’s office, and spoke with the senator’s employee, Jennifer Wooten. If you recall prior blog posts, Mr. Stone previously sued the U.S. Embassy in Tokyo in the D.C. Circuit and his child’s mother in Florida State Court. The various lawsuits revolve around Mr. Stone’s son, who is residing in Japan. Mr. Stone alleges that the child’s mother abducted the child to Japan. This particular lawsuit was initiated against the Senator and Ms. Wooten after Mr. Stone spoke with Ms. Wooten, seeking help in obtaining the reissuance of his son’s U.S. passport. Ms. Wooten asked Mr. Stone to sign a privacy waiver form in ink, however Mr. Stone was unable to scan and send a physical copy because he lacked the necessary technology. Mr. Stone apparently communicated this difficulty to Ms. Wooten “with angry words out of frustration.” “Given that rambling communication and the extent of [Mr. Stone’s] profanity,” Ms. Wooten contacted the U.S. Embassy in Tokyo suggesting that it was appropriate that the Embassy staff conduct a welfare check on Mr. Stone’s son. She provided copies of Plaintiff’s privacy-release form with his son’s contact information. Sometime after the email communication and some phone calls between Ms. Wooten and the Embassy, Mr. Stone’s son was denied reissuance of his passport. Mr. Stone alleged that Ms. Wooten wrongfully violated his privacy rights, including “the federal Privacy Act, Hawaii’s Privacy Act, the Goldman Act, the International Child Abduction Remedies Act, the Hague Convention, and Plaintiff’s parental rights, in addition to defaming Plaintiff.” Since Ms. Wooten and the Senator were acting within the scope of their federal employment, the court substituted the U.S. as the defendant, who then filed a Motion to Dismiss on February 11, 2022. Mr. Stone did not file a response.

Five of Mr. Stone’s 7 claims were dismissed for failure to state a legal claim. The Senator’s office is not an agency under the Privacy Act. Furthermore, there is no violation by the federal senator’s office of Hawaii’s Privacy Act. The Goldman Act, ICARA, and the Hague Abduction Convention do not confer a private cause of action against the government for damages. The two remaining claims – defamation under Hawaiian law and wrongful interference with parental rights – are dismissed due to the U.S. government’s sovereign immunity.

Therefore, the U.S. District Court for the District of Hawai’i dismissed Mr. Stone’s suit without leave to amend.

close

Subscribe

Join 78 others, and get a notification to our new posts right on your inbox.

We promise we’ll never spam! Only notifications of new posts.

Check your inbox or spam folder to confirm your subscription.

Category iconabduction,  Child Abduction,  Hague Abduction Convention,  ICAPRA,  Passport,  Privacy Act,  sovereign immunity

Primary Sidebar

Subscribe

Join 78 others, and get a notification to our new posts right on your inbox.

We promise we’ll never spam! Only notifications of new posts.

Check your inbox or spam folder to confirm your subscription.

The use of the name MK Family Law is protected as are the logo and content of this website. The information is provided by MK Family Law and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

© 2022 · MK Family Law · All Rights Reserved · Developed by RDK

  • Disclaimer
  • Privacy Policy
  • Attorney Advertising