1:25-cv-01104•Wood v. United States of America et al
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ADAM WOOD, * Plaintiff, * v. * Civil Action No. EA-25-1104 UNITED STATES OF AMERICA, * et al., * Defendants. MEMORANDUM OPINION Plaintiff Adam Wood, who is self-represented, initiated the above-captioned action on April 2, 2025, in which he asserts tort, constitutional, and statutory claims against Defendants United States of America and Federal Bureau of Investigation (FBI) Special Agents Paul Garaffo, Jared McCarthy, and John and Jane Does based on law enforcement action taken at Mr. in 2024 subsequent request for information from the FBI.1 ECF No. 1. motion to dismiss the Amended Complaint (ECF No. 40), which is fully briefed (ECF Nos. 48, 50). No hearing is necessary. Local Rule 105.6 (D. Md. Dec. 1, 2025). For the reasons set forth below, the motion is granted. I. BACKGROUND A. Factual Background2 On February 6, 2024, Special Agent Garaffo applied for warrants to search residence and person, which were authorized by a United States Magistrate Judge of this Court. 1 Plaintiff Adam Wood subsequently filed an Amended Complaint. ECF No. 32. 2 Except where noted, this factual summary is drawn from the allegations in the Amended Complaint (ECF No. 32), which are accepted as true for the purposes of deciding this motion, as well as documents that are integral to the Amended Complaint and authentic. Goines v. Valley Cmty. Servs. Bd., 822 F.3d 159, 164-165 (4th Cir. 2016); E.I. du Pont de Nemours & Co. v. Kolon Indus., Inc., 637 F.3d 435, 440 (4th Cir. 2011). Case 1:25-cv-01104-EA Document 51 Filed 02/05/26 Page 1 of 16
2 ECF No. 40-1 at 23 (citing Criminal No. 24-mj-294-CDA-1 (D. Md.) (ECF No. 6); Criminal No. 24-mj-295 (D. Md.) (ECF No. 6)). Issuance of these warrants was based on a finding of probable cause. U.S. Const. amend. IV; Fed. R. Crim. P. 41.4 On February 7, 2024, federal authorized search warrants on ECF No. 32 ¶ 15. During the execution of these warrants Id. at ¶ 16. FBI agents then handcuffed Mr. Wood and confined [him] to his dining room for over two hours, while confined [his] fiancée and children to an FBI van for approximately 30 minutes. Id. at ¶ 20. Id. at ¶ 11. been coordinating efforts to support the security of [the] United States Government and its Id. at ¶ 22. Prior to requesting and receiving the search warrants, Special the necessary investigation. Id. at ¶¶ 22 30. FBI agents fail[ed] to research company Id. at ¶¶ 25 27. Any search of credentials would have revealed engag[ement] in sanctioned activities with senior military officials and senior executives within the intelligence community, 3 Files (CM/ECF) system printed at the top of the cited document. 4 information, a magistrate judge . . . must issue the warrant if there is probable cause to search for and seize for use, intended for use, or used in committing a crime. Fed. R. Crim. P. 41(c), (d)(1). Case 1:25-cv-01104-EA Document 51 Filed 02/05/26 Page 2 of 16
3 Id. at ¶¶ 24 26. The raid was predicated on unfounded speculation, demonstrably false assumptions, and zero corroboration from FBI Headquarters any qualified subject king. Id. at ¶ 22. Further, as early as August 2023, FBI personnel or affiliates unlawfully disclosed information regarding [Mr. Wood] to unauthorized civilians, which resulted in the cancelation of business contracts and the withdrawal of potential investors and cost [ ] company $2 million in capital. Id. at ¶¶ 32 34. As a result of the , Mr. Wood government agencies abandoned planned contracts and pilots, [] . Id. at ¶¶ 36 38. distress, and loss Id. at ¶ 44. On March 18, 2025, Mr. Wood submitted a formal request for information to the FBI and the United States Department of Justice (DOJ), seeking records relating to the February 7, 2024 law enforcement action and other matters. Id. at ¶¶ 10, 156. expired without a lawful determination. Id. at ¶ 10. B. Procedural History On October 1, 2024, Mr. Wood submitted a Standard Form 95 Claim for Damage, Injury, or Death (SF-95 Claim) in which he alleged tortious interference; civil rights violations; violations of the Fourth Amendment to the United States Constitution and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; and claimed $33,475,000. ECF No. 40-2 at 3, 7.5 By letter dated November 20, 2024, the Torts Branch of DOJ Civil Division 5 Ordinarily a court may not consider matters outside the pleadings when reviewing a motion to dismiss without converting it into a motion for summary judgment. United States ex rel. Oberg v. Pennsylvania Higher Educ. Assistance Agency, 745 F.3d 131, 136 (4th Cir. 2014); Case 1:25-cv-01104-EA Document 51 Filed 02/05/26 Page 3 of 16
4 advised Mr. Wood that DOJ would forward his SF-95 Claim, which it received on October 4, 2024, to the FBI because the alleged claims involved that agency. ECF No. 40-2 at 6. This letter further advised . Id. By letter dated January 30, 2025, the FBI informed Mr. Wood that it had received his SF-95 Claim. Id. at 47. Mr. Wood initiated the instant action on April 2, 2025. ECF No. 1. The Amended Complaint, filed on June 30, 2025, pleads thirteen counts. ECF No. 32. Counts I through VII allege violations of the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et seq., based on alleged negligence, trespass, battery, assault, false arrest, false imprisonment, and abuse of process. Id. at ¶¶ 45 108. Counts VIII through X allege violations of the Fourth and Fifth Amendments under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) (Bivens). Id. at ¶¶ 109 136. Count XI alleges a violation of the Privacy Act of 1974 (Privacy Act), as amended, 5 U.S.C. § 552a. Id. at ¶¶ 137 144. Count XII alleges a promissory estoppel/detrimental reliance claim. Id. at ¶¶ 145 153. Count XIII alleges a violation of the Freedom of Information Act (FOIA), 5 U.S.C. § 552. Id. at ¶¶ 154 161. Mr. Wood seeks $54,850,000 in damages and various forms of equitable relief. Id. at 21. Fed. R. Civ. P. 12(d). The Court may, however, consider documents attached to the motion to dismiss, so long as they are integral to the complaint and authentic. Goines, 822 F.3d at 166; Robinson v. American Honda Motor Co., 551 F.3d 218, 222-223 (4th Cir. 2009). A document is not the mere information it contains, [it] Chesapeake Bay Found., Inc. v. Severstal Sparrows Point, LLC, 794 F. Supp. 2d 602, 611 (D. Md. 2011) (emphasis in original) (internal quotation marks and citation omitted). Further, as discussed herein, see, II.A.1., infra, a factual challenge to subject matter jurisdiction jurisdiction. Kerns v. United States, 585 F.3d 187, 192 (4th Cir. 2009) outside the pleadings without converting the proceeding to one for Tall v. Maryland Developmental Disabilities Admin., Civil Action No. ELH-15-3811, 2016 WL 3459854, at *4 (D. Md. June 24, 2016) (quoting Velasco v. Government of Indonesia, 370 F.3d 392, 398 (4th Cir. 2004)). Case 1:25-cv-01104-EA Document 51 Filed 02/05/26 Page 4 of 16
5 II. DISCUSSION Defendants move to dismiss the Amended Complaint in its entirety, raising several arguments in support of their motion. ECF No. 40. First, Defendants assert that this Court lacks subject failed to comply with the administrative prerequisites for filing suit or, in the alternative, that these claims fall within the . ECF No. 40-1 at 2. Second, Defendants argue that Mr. Wood fails to state a claim under both Bivens and the Privacy Act. Id. Finally, Defendants contend that FOIA claim must be dismissed because he did not file suit against the proper defendant. Id. arguments are addressed in turn below.6 6 Defendants also contend that the claims against Federal Bureau of Investigation Special Agents Paul Garaffo and Jared McCarthy must be dismissed because Mr. Wood failed to properly serve them. ECF No. 40-1 at 2. Specifically, Defendants take issue with the fact that Mr. Wood mailed the summons and complaint via certified mail, rather than with restricted delivery. Id. at 25 26. officer or employee sued in an individual capacity for an act or omission occurring in connection st serve the United States and also serve the officer or employee under Rule 4(e), (f), or (g). Fed. R. Civ. P. 4(i)(3). Rule 4(e) summons in an action brought in courts of general jurisdiction in the state where the district court Civ. P. 4(e)(1). Therefore, service of summons on Special Agents Garaffo and McCarthy must be effectuated in accordance with Maryland law. Maryland Rule 2- 121(a)(3) requires, among other things, that service by mail be effectuated through restricted delivery. The plaintiff bears the burden of establishing valid service. Maid to Perfection Glob., Inc. v. Ensor, Civil Action No. RDB-09-0958, 2010 WL 1254194, at *1 (D. Md. Mar. 29, 2010). Nevertheless, where, as here, there is actual notice of the suit, courts will liberally construe Rule 4. Armco, Inc. v. Penrod-Stauffer Bldg. Sys. Inc., 733 F.2d 1087, 1089 (4th Cir. 1984); v. Waters, 464 F. Supp. 2d 474, 476 (D. Md. 2006). actual notice of this lawsuit, (2) the Defendants have not identified any prejudice stemming from [Mr. of service Simmons v. TransUnion, LLC, 712 F. Supp. 3d 629, 636- Case 1:25-cv-01104-EA Document 51 Filed 02/05/26 Page 5 of 16
6 A. Standard of Review 1. Federal Rule of Civil Procedure 12(b)(1) Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994) (internal citations omitted); see also Strawn v. AT&T Mobility LLC, 530 F.3d 293, 296 with the undergirding principle that federal courts, unlike most state courts, are courts of limited ot empowered the federal judiciary to hear a matter, then the case Home Buyers Warranty Corp. v. Hanna, 750 F.3d 427, 432 (4th Cir. 2014); see also matter the burden on the party asserting a claim to allege and, when challenged, establish the C matter jurisdiction over the pending claim. Home Buyers Warranty Corp., 750 F.3d at 432. Federal Rule of Civil Procedure 12(b)(1) provides that a party may move to dismiss a claim for lack of subject matter jurisdiction. There are two types of subject matter jurisdiction Mortensen v. , 549 F.2d 884, are taken as true, and the motion must be denied if the complaint alleges sufficient facts to Armco, Inc., 733 F.2d at 1089; see also Xerox Corp. v. Inc., Civil Action No. PX-21-1058, 2021 WL 4641558, at *2 (D. Md. Oct. 7, 2021) (collecting cases). The undersigned therefore declines arguments in favor of dismissal. Case 1:25-cv-01104-EA Document 51 Filed 02/05/26 Page 6 of 16
7 Kerns v. United States, 585 F.3d 187, 192 (4th Cir. 2009). Adams v. Bain, 697 F.2d allegations of the complaint Id.; see also Evans v. United States, 105 F.4th 606, 615 (4th Cir. 2024) Where a defendant challenges the factual predicate of subject-matter jurisdiction, the district court need not assume the truth of the allegations, may decide disputed issues of fact, and may venture outside of the pleadings to resolve the challenge. 2. Federal Rule of Civil Procedure 12(b)(6) Federal Rule of Civil Procedure 12(b)(6) provides that a defendant may move to dismiss fail[s] to state a claim upon which relief can be granted Fed. R. Civ. P. 12(b)(6). It is fundamental that the purpose of a Rule 12(b)(6) motion is to test the sufficiency of a complaint Edwards v. City of Goldsboro, 178 F.3d 231, 243 (4th Cir. 1999) give the defendant fair notice of what the . . . claim is and the grounds upon which it rests Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (alteration in original) (internal quotation marks and citation omitted). When evaluating a Rule 12(b)(6) motion to dismiss, the Court must accept all factual allegations in the complaint as true and draw all reasonable inferences from the facts in favor of the plaintiff to determine if the plaintiff is entitled to the legal remedy sought. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); E.I. du Pont de Nemours & Co. v. Kolon Indus., Inc., 637 F.3d 435, 440 (4th Cir. 2011). The same does not hold true for legal conclusions. Iqbal, 556 U.S. at 678; Twombly, 550 U.S. at 556. To determine Case 1:25-cv-01104-EA Document 51 Filed 02/05/26 Page 7 of 16
8 conclusions from the factual allegations. A Soc y Without a Name v. Virginia, 655 F.3d 342, 346 (4th. Cir. 2011). more than labels and conclusions formulaic recitation of the elements of a cause of action Twombly, 550 U.S. at 555. To survive a motion enough facts to state a claim to relief that is plausible on its face. Id. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. Iqbal, 556 U.S. at 678. The plausibility standard falls somewhere in between Id.; Twombly, 550 U.S. at 555 Factual allegations must be enough to raise a right to relief above the speculative level a context-specific task that requires the reviewing court to draw on its judicial experience and common sense. Iqbal, 556 U.S. at 679. B. Federal Tort Claims Act Claims (Counts I-VII) United States v. Dalm, 494 U.S. 596, 608 (1990) (internal quotation marks and citation omitted); Webb v. United States, 66 F.3d 691, 693 Lane v. Pena, 518 U.S. 187, 192 (1996); Welch v. United States, 409 F.3d 646, 650-651 (4th Cir. 2005). Accordingly, any ambiguities must be construed in favor of immunity and exceptions to the conditions upon which the United States consents to be sued will not be implied. United States v. Williams, 514 U.S. 527, 531 (1995); Lehman v. Nakshian, 453 U.S. 156, 161 (1981). Case 1:25-cv-01104-EA Document 51 Filed 02/05/26 Page 8 of 16
9 the Government while acting within the scope of [their] Welch, 409 Hart v. Casey, Civil Action No. GJH-22-1216, 2022 WL 17989577, at *2 (D. Md. Dec. 28, 2022). McNeil v. United States Estate of Van Emburgh by & through Van Emburgh v. United States (Van Emburgh), 95 F.4th 795, 801 (4th Cir. 2024). First, a plaintiff must present [their] claim to the appropriate Federal agency[.] Id. (quoting 28 U.S.C. § 2675(a)) (alterations in original). Importantly, for the purposes of this first requirement whose activities gave rise to the claim initially presented to an agency whose actions did not give rise to the claims at issue, that agency must transfer it to the proper agency. Id. Id. sum they are seeking for their claim. Van Emburgh, 95 F.4th at 801. Subject to limited shall not be instituted for any sum in excess of the amount of the claim presented to the federal agency 28 U.S.C. § 2675(b). Case 1:25-cv-01104-EA Document 51 Filed 02/05/26 Page 9 of 16
10 Van Emburgh, 95 F.4th at 801 (quoting 28 U.S.C. § 2675(a)) (alteration in original). Failure to satisfy these three prerequisites to suit deprives the Court of subject matter jurisdiction over the FTCA claim. McNeil, 508 U.S. at 111-113; Kielwien v. United States, 540 F.2d 676, 679 (4th Cir. 1976). Here, Mr. Wood has not satisfied the jurisdictional prerequisites to suit FTCA claims arise from the actions of FBI agents during the February 7, 2024 search warrant execution. ECF No. 32. Under the governing regulations, the proper agency to adjudicate Mr. administrative claim was the FBI. Mr. Wood first submitted his SF-95 Claim to DOJ on October 1, 2024. ECF No. 40-2 at 7 8. By letter dated November 20, 2024, DOJ advised Mr. Wood that his claim would be forwarded to the FBI. Id. at 6. Assuming the claim was transferred the same day DOJ issued its letter, the FBI had at least until May 20, 2025, to make a administrative claim before Mr. Wood could file suit.7 Mr. initiation of this action on April 2, 2025, was premature, and the Court therefore lacks subject matter jurisdiction over his FTCA claims. Even if DOJ were the proper agency for purposes of administrative exhaustion, there are other deficiencies that require dismissal of . First, the scope of the claims asserted and relief sought in this action extend beyond what Mr. Wood identified in his administrative claim. -95 Claim alleges only two of the seven FTCA claims advanced in his Amended Complaint.8 Lewis v. United States, Civil Action No. DKC-22-2899, 7 As noted previously, see I.B., supra, the FBI did not acknowledge receipt of Mr. -95 Claim until January 30, 2025. ECF No. 40-2 at 47. 8 This same deficiency bars Count XII of the Amended Complaint, in which Mr. Wood equitable relief in the form of promissory estoppel/detrimental reliance to prevent injustice arising from government misconduct. ¶¶ 4, 146-153. The only possible mention of promissory estoppel in administrative claim are his assertions of Case 1:25-cv-01104-EA Document 51 Filed 02/05/26 Page 10 of 16
11 2024 WL 895112, at *3 (D. Md. Feb. 29, 2024) (dismissing FTCA claims for lack of subject matter jurisdiction where the plaintiff failed to identify claims in the administrative claim). Further, the monetary damages Mr. Wood seeks in this action are greater than the amount of his administrative claim, which is impermissible. 28 U.S.C. § 2675(b); compare ECF No. 32 at 21 (seeking $54,850,000 in damages) with ECF No. 40-2 at 7 (claiming $33,475,000). Second, Mr. Wood has not carried his burden of plausibly alleging that the discretionary function exception found in 28 U.S.C. § 2680(a) does not apply to his claims.9 E.g., Wood v. United States, 845 F.3d 123, 127 (4th Cir. 2017); Seaside Farm, Inc. v. United States, 842 F.3d 853, 857 (4th Cir. 2016). To meet this burden, a plaintiff must plausibly allege that the challenged action (1) involved no element of judgment or choice and (2) was not based on public policy considerations. E.g., Wood, 845 F.3d at 128; Pride v. , -2 at 37 38. Even if this generous reading were enough to satisfy the administrative exhaustion requirement, the FTCA does not waive sovereign immunity for claims 28 U.S.C. § 2680(h). pro se Justus v. Clarke, 78 F.4th 97, 111 (4th Cir. 2023), cert. denied sub nom., 144 S. Ct. 1096 (2024). This liberal construction Cage v. NASA Goddard Space Flight Ctr., Civil Action No. PX-18-3355, 2019 WL 3841928, at *3 (D. Md. Aug. 14, 2019), but it does not transform the Court into an advocate, Thurman v. Robinson, 51 F.3d 268 (Table); pro se pleading to state a claim if possible from the facts available, but it will not rewrite the complaint to include claims Lewis v. United States, Civil Action No. DKC-21-2387, 2022 WL 3716544, at *2 (D. Md. Aug. 29, 2022) (internal quotation marks and citation omitted). And the Cage, 2019 WL 3841928, at *3; see also Russell v. Russel Motor Cars, Inc., 28 F. Supp. 3d 414, 418 (D. promissory estoppel allegation does not transform it into a potentially meritorious claim, the Court must dismiss it. 9 T 28 U.S.C. § 2671 et seq., does not include he exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government. 28 U.S.C. § 2680(a). Case 1:25-cv-01104-EA Document 51 Filed 02/05/26 Page 11 of 16
12 No. 319CV00363RJCDCK, 2021 WL 4261515, at *3 (W.D.N.C. Sept. 20, 2021). The Amended Complaint includes no allegations that the actions at issue were somehow compelled or without a basis in public policy considerations. See generally ECF No. 32. Accordingly, Counts I through for lack of subject matter jurisdiction. C. Bivens Claims (Counts VIII-X)10 In 1971, the Supreme Court decided Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics and held that an individual may bring a cause of action for damages against constitution. 403 U.S. at 389. Bivens involved a Fourth Amendment violation. Id. decade that followed, the Court recognized what has come to be called an implied cause of gender discrimination claim and the other involving an Eighth Amendment medical treatment claim. Ziglar v. Abbasi, 582 U.S. 120, 131 (2017) (citing Carlson v. Green, 446 U.S. 14 (1980) and Davis v. Passman, 442 U.S. 228 (1979)). Bivens remedy is now a Ziglar, 582 U.S. at 132, 135 (internal quotation marks and citation omitted); see also Tun-Cos v. Perrotte, 922 F.3d 514, 521 (4th Cir. 2019) In the almost 40 10 The United States has not waived its sovereign immunity with respect to constitutional torts, so any Bivens claim must be asserted against government officials in their individual rather than their official capacities. E.g., Federal Deposit Ins. Corp. v. Meyer, 510 U.S. 471, 477 (1994); Everett v. Francis, Civil Action No. 5:07CV135, 2009 WL 2971359, at *3 (N.D. W. Va. Sept. 16, 2009), , 390 Fed. Appx 266 (4th Cir. 2010). that permitting recovery against a federal agency would undermine the purpose of Bivens, which officer Goss v. United States, Civil Action No. EA-24-406, 2024 WL 4135471, at *5 (D. Md. Sept. 10, 2024) (quoting Meyer, 510 U.S. at 485-486 (emphasis in original)). Thus, to the extent Mr. Wood asserts his Bivens actions against the United States, those claims must be dismissed for lack of jurisdiction. Case 1:25-cv-01104-EA Document 51 Filed 02/05/26 Page 12 of 16
13 years since Carlson . . . the Court has declined to countenance Bivens actions in any additional context. (emphasis in original)) (collecting cases). Analysis of whether a Bivens remedy is available against federal officials involves a two-step inquiry. First, courts must inquire whether a given case presents a new Bivens context. Tun-Cos, 922 F.3d at 522. If the context is different from that in any of the three recognized cases, the court must then evaluate whether there are special factors counseling hesitation in the absence of affirmative action by Congress. Id. (emphasis in original) (quoting Ziglar, 582 U.S. at 136). Here, Mr. Wood raises three constitutional claims against Defendants: (1) a violation of (ECF No. 32 ¶ 111); (2) a l interrogation without advising him of his constitutional rights to remain silent and to consult with (id. at ¶ 121); and (3) a violation of his Fifth Amendment right to equal protection by him] for investigation, raid, and enforcement action based on his professional association with [] an Israeli[-]Australian (id. at ¶ 129). recognized in Bivens because the searches and seizures Mr. Wood challenges were conducted pursuant to lawful warrants supported by probable cause. Annappareddy v. Pascale, 996 F.3d 120, 135 (4th Cir. 2021) Bivens involved was the Fourth Amendment right to be free of unreasonable warrantless United States Court of Appeals for the Fourth Circuit because [it] mean[s] that proving the claim[ ] here would require a different type of showing than did the claims in Bivens, one that would pose a greater risk of intruding on the investigatory and Case 1:25-cv-01104-EA Document 51 Filed 02/05/26 Page 13 of 16
14 prosecutorial functions of the executive branch. Id. at 136. Bivens did not require this type of fact-checking and conscience-probing, . . . which can, as the Supreme Court has warned, impose substantial costs. Id. (internal citations omitted). and equal protection claims also fail. First, Bivens Id. at 134 (internal citation omitted). Second because of his association with an Israeli-Australian national is far afield of the equal protection remedy recognized in Davis. 442 U.S. 228 at 234-235. The Fourth Circuit has cautioned that -the-fact inquiri on executive- Annappareddy, 996 F.3d at 134-135 (quoting Farah v. Weyker, 926 F.3d 492, 501 (4th Cir. 2019)). Counts VIII through X are therefore dismissed. D. Privacy Act Claim (Count XI) The Privacy Act agency shall disclose any record which is contained in a system of records . . . to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, is permitted by an exception. 5 U.S.C. § 552a(b). Civil actions under the Privacy Act are properly instituted against federal agencies, not individuals or the United States, as sovereign. 5 U.S.C. § 552a(g)(1) (authorizing suit against an agency); Walker v. Gambrell, 647 F. Supp. 2d 529, 536 (D. Md. 2009) ivil actions under the [Privacy] Act are properly commenced only against agencies, not individuals. Accordingly, Privacy Act claim fails because he has not filed suit against a federal agency. Further, Mr. Wood has not plausibly alleged a Privacy Act claim. To state a cause of action under the Privacy Act, Mr. Wood must plausibly allege that: Case 1:25-cv-01104-EA Document 51 Filed 02/05/26 Page 14 of 16
15 (1) the information at issue is covered by the Privacy Act as a components: (a) an adverse effect standing requirement and (b) a causal nexus between the disclosure and the adverse effect); and (4) the disclosure was willful and intentional. Doe v. Herman, No. CIV. A. 297CV00043, 1999 WL 1000212, at *8 (W.D. Va. Oct. 29, 1999), report and recommendation adopted in part, 2000 WL 34204432 (W.D. Va. July 24, 2000), , 306 F.3d 170 (4th Cir. 2002), , 540 U.S. 614 (2004). Here, the facts Mr. Wood alleges to establish a Privacy Act violation are insufficient to raise his right to relief above the speculative level. Twombly, 550 U.S. at 555. The Amended Complaint alleges that at some point between August 2023 and the February 7, 2024 law enforcement action regarding a sealed national security investigation involving [Mr. Wood] to unauthorized civilian him ¶¶ 139 40, 143. The Amended Complaint does not specifically identify who disclosed the information, to whom it was disclosed, what the disclosure revealed, or how it caused the harm alleged. The Amended Complaint even falls short of Twombly insufficient formulaic recitation t does not assert that the disclosed information and makes no claim that the disclosure was willful or intentional. Twombly, 550 U.S. at 555; 5 U.S.C. § 552a. This claim must therefore be dismissed as well. E. Freedom of Information Act Claim (Count XIII) enjoin the agency Emesowum v. National Security Agency, Civil Action No. BAH-24-0360, 2025 WL 847905, at *4 (D. Md. Mar. 18, Case 1:25-cv-01104-EA Document 51 Filed 02/05/26 Page 15 of 16
16 concern[s] the obligations of agencies as distinct from individual employees in those agencies, no cause of action exists Id. (quoting Martinez v. Bureau of Prisons, 444 F.3d 620, 624 (D.C. Cir. 2006)). Because Mr. Wood has not filed suit against a federal agency, his FOIA claim must be dismissed, as it cannot be sustained against the United States or the FBI agents in their individual capacities. III. CONCLUSION For the foregoing reasons, motion to dismiss (ECF No. 40) is granted, and all of claims advanced in the Amended Complaint (ECF No. 32) are dismissed. A separate Order follows. Date: February 5, 2026 /s/ Erin Aslan United States Magistrate Judge Case 1:25-cv-01104-EA Document 51 Filed 02/05/26 Page 16 of 16
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