Jones v. Davis

3 Citing cases

  1. Vaughn v. Performance Labs.

    1:24-CV-00138 SNLJ (E.D. Mo. Jan. 13, 2025)

    For example, plaintiff was previously told in Vaughn v. EBO Labs, et al., No. 1:23-CV-00079 SNLJ (E.D.Mo.) that there is no private right of action to sue under HIPAA (45 C.F.R. § 164.524), similarly there is no private cause of action under 18 U.S.C. § 241, 18 U.S.C. § 666, 18 U.S.C. § 1347, and 18 U.S.C. § 1349 because the aforementioned are criminal statutes that do not have a private civil cause of action. See Jones v. Davis, 2016 WL 1090629, at *2 (E.D. Mo. Mar. 21, 2016); Mod. Orthopaedics of New Jersey v. Horizon Healthcare Servs., Inc., 2022 WL 3211417, at *4 (D.N.J. Aug. 8, 2022) (there is no private action for a claim that an individual has a right to access their protected health information); U.S. v. Wadena, 152 F.3d 831, 846 (8th Cir. 1998) (“Courts have repeatedly held that there is no private right of action under [18 U.S.C.] § 241, even though the statute allows federal authorities to pursue criminal charges”); Jason v. Grp. Health Co-op. Inc., 2013 WL 3070592 (9th Cir. 2013) (“there is no private right of action under 18 U.S.C. § 1347, which defines a party's criminal liability for Medicare fraud); Grant v. Alperovich, 2013 WL 6490596, at *5 (W.D. Wash. Dec. 10, 2013)

  2. Vaughn v. EBO Labs

    1:23-cv-79-SNLJ (E.D. Mo. Jul. 14, 2023)

    ECF No. 1 at 6-8. “There is no private right of action under HIPAA [45 CFR § 164.524], either via § 1983 or through an implied right of action[.]” Jones v. Davis, 2016 WL 1090629, at *2 (E.D. Mo. Mar. 21, 2016).

  3. Jones v. Davis

    No. 4:17-cv-2875-RLW (E.D. Mo. Jan. 31, 2018)

    The allegations in the instant complaint are based upon the same facts as the allegations plaintiff brought in a previous case that was dismissed without prejudice as to Gonzales and Busemi pursuant to 28 U.S.C. § 1915(e)(2)(B), inasmuch as plaintiff sued them in only their official capacities. See Jones v. Davis, et al., Case No. 4:15-cv-1546-CAS (E.D. Mo. Mar. 21, 2016). However, plaintiff now sues them in an individual capacity as well. --------