The following excerpt is from Powell v. Schriver, 175 F.3d 107 (2nd Cir. 1999):
4 In Doe v. Marsh, 105 F.3d 106, 110 (2d Cir.1997), we "assume[d], without deciding, ... that ... in September 1992 there existed a clearly established constitutional, confidentiality-based right to privacy which precluded the state from disclosing that the [non-prisoner] plaintiffs were persons with HIV."
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