FOIA Advisor

Court opinions issued Mar. 25, 2021

Court Opinions (2015-2023)Allan BlutsteinComment

Am. Soc'y for Prevention of Cruelty to Animals v. APHIS (S.D.N.Y.) -- concluding that: (1) agency improperly relied on Exemption 4 to withhold revenue, sales volume, and license fee information of animal dealers, as well as animal care instructions appearing in one photograph; (2) agency properly relied on attorney-client privilege to withhold certain records pertaining to facility inspection, but failed to show that all of its deliberative process privilege claims were proper; (3) plaintiff did not assert a valid policy-and-practice claim because Congress enacted legislation to address the polices and practices disputed by plaintiff.

Flete-Garcia v. EOUSA (D.D.C.) -- ruling that: (1) plaintiff failed to exhaust his administrative remedies regarding his request for discovery material from his criminal case; (2) agency failed to demonstrate that it did not receive three of plaintiff’s requests for various records concerning his criminal case, noting that plaintiff proved that two of those requests were received at agency’s screening location for processing mail; and (3) agency properly relied on Exemption 3, in conjunction with Federal Rule of Criminal Procedure 6(e), to withhold certain grand jury records, but it failed to show that orders reflecting the commencement, extension, and termination of specified grand juries were exempt.

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