FBI ‘Vindicated’ in AIDS Suit

For four years, Dr. James Cullen performed physical examinations for the FBI’s San Francisco-based agents and applicants (View, Dec. 8). In August, 1988, the FBI confronted Cullen with information that he had AIDS. Cullen would neither confirm nor deny the information, saying only that he followed all federal guidelines and posed no risk to patients.

When the FBI stopped sending agents to him, the 42-year-old physician, who had the disease, sued in federal court, citing provisions of the 1973 Rehabilitation Act. In 1989, U.S. District Court Judge Charles Legge ruled that Cullen could not sue under that act.

The ACLU and the nonprofit Employment Law Center, which represented Cullen, appealed to the U.S. 9th Circuit Court of Appeals. In January, 1992, one day before his death, Cullen was notified that the case had been returned to Legge.

Late last December, Legge issued his new ruling--saying the FBI had acted properly because Cullen did not divulge his AIDS status.

“We’re pleased . . . and feel as if we’ve been vindicated,” FBI spokesman Rick Smith said.

Cullen’s estate will pursue the case. But Curtis Lavery, the physician’s lover, is pessimistic. “But by continuing the case, something has been gained for Jim’s memory.”