FOIA Advisor

Court Opinions (2015-2023)

Court opinions issued August 19-20, 2015

Court Opinions (2015-2023)Allan BlutsteinComment

Aug. 20, 2015

Evans v. U.S. Dep't of the Interior (N.D. Ind.) -- denying plaintiff's motion for discovery because plaintiff failed to explain why it was needed in order to respond to agency's motion for summary judgment.

Aug. 19, 2015

Inst. for Policy Studies v. CIA (D.D.C) -- ordering the CIA to search for responsive records after finding that agency failed to establish that its operational files were exempt under 50 U.S.C. § 3141(f)(4)(A).  

Summaries of all cases since April 2015 are available here.

 

Court opinions issued August 17-18, 2015

Court Opinions (2015-2023)Allan BlutsteinComment

August 18, 2015

Bartko v. U.S. Dep't of Justice (D.D.C.) -- ruling that the Office of Professional Responsibility properly withheld records of its investigation into misconduct by an Assistant United States Attorney pursuant to Exemptions 5, 6, and 7(C).  

August 17, 2015

Pinson v. U.S. Dep't of State (D.D.C.) -- finding that plaintiff's request would have required the Department of Justice's Civil Division to search for more than the two free hours that plaintiff was permitted.    

Conway v. U.S. Agency for Int'l Dev. (D.D.C.) -- concluding that USAID and U.S. Army failed to establish that they conducted adequate searches for records concerning nurse killed in Vietnam by U.S. soldier in 1967.  

Wright v. U.S. Dep't of Justice (D.D.C.) -- determining that the Criminal Division conducted a reasonable search for requested records and properly withheld them under Exemption 3 in conjunction with 18 U.S.C. §§ 2510-2521.

Summaries of all cases since April 2015 are available here.

Court opinions issued August 14, 2015

Court Opinions (2015-2023)Allan BlutsteinComment

Hamdan v. U.S. Dep't of Justice (9th Cir.) -- affirming district court's ruling that FBI and State department conducted adequate searches and properly withheld records under Exemptions 1, 3, and 7(E); remanding case for district court to determine whether the Defense Intelligence Agency released all reasonably segregable information.

Consumers Council of Mo. v. Dep't of Health & Human Servs. (E.D. Mo.) -- denying plaintiff's motion for attorney fees because plaintiff did not show that its lawsuit was the catalyst for agency's disclosure of records.

 Summaries of all cases since April 2015 are available here.

Court opinions issued August 12, 2015

Court Opinions (2015-2023)Allan BlutsteinComment

Detroit Free Press v. U.S. Dep't of Justice (6th Cir.) -- Noting that it was bound by its 1996 decision, the Court of Appeals for Sixth Circuit affirmed that U.S. Marshals Service must release booking photographs of Detroit-area police officers indicted on federal charges.  The court, however, urged the full panel of the Sixth Circuit to reconsider the issue of whether Exemption 7(C) applied to such records in light of contrary decisions in other circuits.

Leopold v. Dep't of Justice (D.D.C.) -- ruling that DOJ's search for certain records concerning drones was inadequate because it interpreted the term "Obama administration" to include EOP employees only and failed to consider certain high-level cabinet officials; further ruling that agency properly invoked Exemption 3 to withhold portions of a "White Paper," and that all but a few Exemption 1 redactions to the same document also were proper.

Summaries of all cases since April 2015 are available here.

Court opinions issued August 4 through August 6, 2015

Court Opinions (2015-2023)Allan BlutsteinComment

August 6, 2015

Soto v. U.S. Dep't of State (D.D.C.) -- concluding that Exemption 3, in conjunction with 8 U.S.C. § 1202(f), protected information concerning issuance or denial of visas to enter United States, but deferring ruling on whether agency properly withheld information pertaining to revocation of a student visa; further determining that agency conducted a reasonable search for requested records. 

August 5, 2015

Envtl. Integrity Project v. Small Bus. Admin. (D.D.C.) -- determining that Office of Management and Budget properly withheld requested records under the deliberative process privilege, which was not precluded by Executive Order 12866; further finding that SBA failed to justify its withholdings under same privilege and ordering documents to be provided to court for in camera review.   

August 4, 2015

Richardson v. United States (D.D.C.) -- granting Executive Office for Unites States Attorneys' motion for renewed summary judgement after determining that agency had conducted an adequate search and properly withheld two documents pursuant to Exemption 7(C).

Elec. Privacy Info. Ctr. v. U.S. Dep't of Homeland Sec. (D.D.C.) -- ruling that DHS performed an adequate search and properly withheld certain information concerning a cyber-security pilot program pursuant to Exemptions 1, 3 (18 U.S.C. § 798 and 50 U.S.C. § 3605), 4, and 5 (attorney-client), but finding that agency had not supported its reliance upon Exemption 7(D).    

Summaries of all cases since April 2015 are available here.

Court opinions issued July 31, 2015

Court Opinions (2015-2023)Allan BlutsteinComment

Dibacco v. U.S. Army (D.C. Cir.) -- affirming the adequacy of searched performed by Army and CIA, as well as the CIA's Exemption 1 and 3 withholdings; remanding for the district court to address in the first instance plaintiffs' challenges to redactions in records that the Army disclosed to plaintiffs while the appellate case was pending.  See article from Courthouse News Service here.

Justice v. Mine Safety & Health Admin. (S.D. W. Va.) -- holding that agency could not categorically withhold memos of investigative interviews under Exemptions 5 and 7(C), and ordering agency to re-review records for segregable, non-exempt information.    

Cole v. Fed. Bureau of Investigation (D.D.C.) -- ruling that FBI properly refused to confirm or deny the existence of employment and disciplinary records for an FBI agent who allegedly committed misconduct in connection with plaintiff's prosecution for transporting and distributing child pornography. 

Leopold v. Nat'l Sec. Agency (D.D.C.) -- rejecting most of plaintiff's challenges to the searches performed by NSA and DOJ's Office of Legal Counsel; ordering NSA to search its United States Signals Intelligence Directive System; ordering OLC to search for draft documents and to indicate whether its earlier searches located no records at all or located some records that were deemed non-responsive.

Tracy v. U.S. Dep't of Justice (D.D.C) -- determining that FBI conducted an adequate search and properly withheld  information under Exemptions 6, 7(C), and 7(E); further finding that agency's failure to timely process the request, which was the only issue that plaintiff raised in his brief, did not preclude summary judgment in agency's favor.    

Gordon v. Courter (D.D.C.) -- finding that DOJ's Criminal Division conducted an adequate search; properly withheld records under Exemptions 5, 6, and 7(C); satisfied the segregability requirements of FOIA; and satisfied its obligations under the Privacy Act.  The court also concluded that plaintiff's amended Complaint would cause undue delay, fundamentally alter the nature of the suit, and likely be futile.

Judicial Watch v. U.S. Dep't of Justice (D.D.C) -- concluding that DOJ properly invoked the attorney-work product privilege in response to request for records "detailing the number of hours DOJ Attorney Barbara Bosserman expended on the investigation of the Internal Revenue Service targeting of conservative organizations seeking tax-exempt status in the 2010 and 2012 election cycles."

Summaries of all cases since April 2015 are available here.

Court opinions issued July 24 & July 28, 2015

Court Opinions (2015-2023)Allan BlutsteinComment

July 28, 2015

Smart-Tek Serv. Corp. v. Internal Revenue Serv. (S.D. Cal.) -- ruling that plaintiff maintained ability to sue IRS to obtain tax records even though it was a dissolved corporation.

Granat v. U.S. Dep't of Agric. (E.D. Cal.) -- finding that case was moot becase agency had produced all nonexempt records; rejecting plaintiff's argument that agency had engaged in pattern of delaying in responding to requests. 

July 24, 2015

Beam v. Internal Revenue Serv. (M.D. Pa.) -- dismissing case because plaintiff's administrative appeal to IRS was filed after the agency's 35-day deadline.

Summaries of all cases since April 2015 are available here.

Court opinions issued July 20, 2015

Court Opinions (2015-2023)Allan BlutsteinComment

B&P Co. v. Internal Revenue Serv. (S.D. Ohio) -- ruling that IRS properly withheld a draft Revenue Agent Report pursuant to Exemptions 3, 5, and 7(A), and that it performed an adequate search for requested restitution-related documents.    

Smith v. U.S. Dep't of Justice (D.D.C.) -- concluding that Drug Enforcement Administration performed an adequate search in response to plaintiff's request for records about himself; further finding that DEA properly refused to confirm or deny the existence of certain records pertaining to a third party who testified against plaintiff at criminal trial.

Summaries of all cases since April 2015 are available here.