FOIA Advisor

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Court opinions issued May 29, 2020

Cvijanovich v. U.S. Secret Serv. (8th Cir.) (unpublished) -- summarily affirming district court’s decision granting summary judgment to agency concerning plaintiff’s request for records about himself.

NAACP Legal Def. & Educ. Fund. v. DOJ (S.D.N.Y.) -- finding that agency failed to demonstrate that it performed reasonable search for records concerning proposed inclusion of citizenship status question on 2020 decennial census.

Sai v. TSA (D.D.C.) -- on renewed summary judgment, concluding that: (1) agency demonstrated that it properly withheld records pursuant to Exemptions 3 and 5 (deliberative process privilege); (2) agency failed to demonstrate that it searched all reasonable locations or employed reasonable search terms and proper time frame; (3) agency was not required to organize records into discrete PDF files,but that agency failed to show how it would be unduly burdensome to create “irreversible redactions within fully digital, non-rasterized PDFs” outside of FOIAExpress program that agency typically used.

Summaries of all published opinions issued since April 2015 are available here.