Gannett Satellite Info. Network v. DOJ (D.D.C.) -- in case apparently of first impression, holding that DOJ could not rely on Exemption 3, in conjunction with Omnibus Crime Control and Safe Streets Act of 1968, to withhold statistics concerning deaths of individuals in custody that were reported by states to DOJ in compliance with the Death in Custody Reporting Act of 2013.
Hand v. DOJ (D.D.C.) -- determining that FBI properly relied on Exemption 7(C) in refusing to confirm or deny existence of communications between a retired FBI Special Agent and DOJ personnel concerning the criminal investigation and prosecution of plaintiff.
Connell v. CIA (D.D.C.) -- concluding that CIA properly relied on Exemption 1 and 3 in issuing Glomar response to request for certain records concerning Guantanamo Bay detention facility, rejecting plaintiff’s argument that declassified records constituted a public acknowledgment of existence of requested records.
Scarlett v. Nat’l Sci. Found. (D.D.C.) -- ruling that: (1) Office of Inspector General’s declaration did not adequately explain agency’s search methodology in response to request for complaints concerning plaintiff’s company; and (2) OIG’s declaration did not sufficiently address whether responsive records withheld under Exemptions 7(A) and 7(C) were compiled for law enforcement purposes; and (3) agency properly invoked Exemption 6 to withhold employee names, email addresses, and signatures, but it did not adequately explain what “identifying information” it withheld from the body of a responsive complaint.
Black Hills Clean Water Alliance v. U.S. Forest Serv. (D.S.D.) -- finding that: (1) agency performed reasonable search for records pertaining to exploratory gold mining in Clack Hills National Forest and that agency was not required to extend its initial search cut-off date for supplemental searches; (2) agency properly withheld records pursuant to Exemption 5’s attorney-client and deliberative process privileges and Exemption 6; and (3) agency’s transmittal of responsive records via file-sharing website was compliant with plaintiff’s formatting request, which allowed for “‘other electronic media’ in whatever way was ‘most expeditious.’”
Yim v. NIH (D.N.J.) (unpublished) -- deciding that: (1) agency’s recitation of its “standard review process” for handling FOIA requests was sufficient to establish adequacy of its search for COVID Guideline updates that agency had posted on its website; and (2) plaintiff could not expand scope of his request in litigation.
Summaries of all published opinions issued since April 2015 are available here.