Segura v. Cabrera, 184 Wash. 2d 587 (2015)

Citation: Segura v. Cabrera, 184 Wash. 2d 587 (2015)
Parent Document: Segura v. Cabrera, 184 Wash. 2d 587 (2015)
Jurisdiction: Washington (state)
Effective Date: 2015-10-29
Original Source: https://www.courtlistener.com/opinion/4910133/segura-v-cabrera/ ↗

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¶35 The majority argues that under Federal Aviation Administration v. Cooper, 566 U.S. 284, 132 S. Ct. 1441, 182 L. Ed. 2d 497 (2012), “ ‘the precise meaning of the term [“actual damages”] changes with the specific statute in which it is found.’ ” Majority at 595-96 (internal quotation marks omitted) (quoting Cooper, 566 U.S. at 292). But that case does not control here. The issue presented in Cooper was—seemingly—whether the term “actual damages” in *603the civil remedies provision of the Privacy Act of 1974 includes compensation for mental and emotional harm. 5 U.S.C. § 552a. But because the Privacy Act of 1974 applied to damages from the government, the question was actually narrower: “Because the Privacy Act waives the Federal Government’s sovereign immunity, the question we must address is whether it is plausible to read the statute, as the Government does, to authorize only damages for economic loss.” Cooper, 566 U.S. at 299 (emphasis added). Given that narrow issue, that Court entered the narrow holding that the civil remedies provision did not waive the United States’ sovereign immunity with respect to such recovery. Id. The Court explained, “When waiving the Government’s sovereign immunity, Congress must speak unequivocally. Here, we conclude that it did not. As a consequence, we adopt an interpretation of ‘actual damages’ limited to proven pecuniary or economic harm.” Id. (citation omitted). This case, in contrast, does not involve the scope of sovereign immunity. In addition, this case deals with the interpretation of a Washington, not a federal, statute; the answer to our question is controlled by state, not federal, law. IV. Segura Cannot Recover Emotional Distress Damages Here

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