Herring v Keenan (Tenth Circuit Court 2000)
2nd January 2000, 12:00 pm
Herring sued Kennan, his probation officer, for violating his right to privacy, to be free from cruel and unusual punishment, and liberty after Keenan disclosed Herring’s HIV status to his sister, manager and employer. The lower court found that Herring could sue Keenan for violating his right to privacy but not his rights to be free from cruel and unusual punishment and liberty. Keenan appealed the decision.

In a 2-1 decision, the Court of Appeal overruled the lower court. The Court held that Herring could not sue Keenan, a public official, for violating his right to privacy because at the time of the alleged conduct the law was not settled to such an extent that Kennan should have been on notice that her actions would violate the right to privacy. In its decision, the Court clarified that if the conduct occurred now the law was settled such that Kennan’s disclosure would violate Herring’s right to privacy finding that "confidential medical information is entitled to constitutional privacy protection."

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