FOIA Advisor

Court Opinions (2015-2023)

Court opinions issued Feb. 1, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Am. Civil Liberties Union of N. Cal. v. FBI (9th Cir.) -- vacating district court's decision and holding that "when a FOIA request seeks guidelines and other generalized documents compiled by a law enforcement agency not related to a particular investigation, the government need not link the document to the enforcement of a particular statute in order to claim the protection of Exemption 7. Rather, the agency need only establish a rational nexus between the withheld document and its authorized law enforcement activities."

Jaber v. DOD (D.D.C.) -- ruling that: (1) multiple agencies properly refused to confirm or deny -- pursuant to Exemption 1 and Exemption 3 -- existence of records "that would tend to confirm in one way or another" role of government in drone strike in Yemen in 2012, and (2) agencies performed adequate searches for other requested records related to drone strike.   

Grynberg v. DOJ (S.D.N.Y.) -- concluding that DOJ properly withheld certain records pertaining to prosecution of James Giffen pursuant to Exemption 3 in conjunction with Rule 6(e) of Federal Rule of Civil Procedure and mutual assistance agreement with Switzerland.

Shapiro v. DOJ (D.D.C.) -- determining that FBI performed adequate search for records concerning "Operation Mosaic," and that it properly withheld records pursuant to Exemptions 5, 6, and 7(C).

Summaries of all opinions issued since April 2015 available here.

 

Court opinions issued Jan. 31, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Huntington v. U.S. Dep't of Commerce (D.D.C.) -- concluding after three rounds of litigation that U.S. Patent & Trade Office performed reasonable search for records concerning its Sensitive Application Warning System.  

Heartland Alliance for Human Needs & Human Rights v. DHS (D.D.C.) -- finding that: (1) government did not show that it conducted adequate search for records concerning Secure Communities program and Priority Enforcement Program; (2) government failed to establish that it properly withheld draft statistical reports pursuant to deliberative process privilege. 

Summaries of all opinions issued since April 2015 available here.

Court opinion issued Jan. 30, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Am. Ctr. for Law & Justice v. U.S. Dep't of State (D.D.C.) -- concluding that "no evidence" supported plaintiff's claim that agency had policy or practice of forcing FOIA requesters to file suit in order to obtain records, and that agency's disavowal was supported by "hard data corroborating its claim that it must handle immense FOIA obligations with limited resources."

Summaries of all opinions issued since April 2015 available here.

Court opinions issued Jan. 24, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Waterman v. IRS (D.D.C.) -- concluding that: (1) IRS properly relied on Exemption 5 to withhold memoranda concerning investigation into plaintiff's alleged misconduct; and (2) IRS relied on Exemption 6 to withhold email addresses and telephone numbers of agency employees.  

Elliott v. GSA (D.D.C.) -- holding that agency performed adequate search for records of a building that it did not own. 

Summaries of all opinions issued since April 2015 available here.

Court opinions issued Jan. 19, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

White v. DOJ (S.D. Ill.) -- holding that: (1) plaintiff constructively exhausted his administratively remedies when he mailed complaint from prison, which predated government's FOIA responses; (2) liberally construed in pro se plaintiff's favor, complaint articulated challenge to adequacy of Bureau of Prison's search; and (3) government's conduct in litigation did not warrant sanctions.     

Judicial Watch v. U.S. Dep't of State (D.D.C.) -- ruling that agency performed reasonable search for copy of legal determination as to whether emails of former Secretary of State Clinton dated January-April 2009 were official State Department records.

Am. Civil Liberties Union Immigrants' Right Projects v. U.S. Immigration & Customs Enforcement (N.D. Cal.) --  awarding attorney's fees and costs to plaintiff, but reducing requested amount for fees incurred prior to litigation, excessive time drafting the complaint; and block billing.

Summaries of all opinions issued since April 2015 available here.

Court opinions issued Jan. 18, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Am. Civil Liberties Union of N. Cal. v. DOJ (9th Cir.) -- affirming in part and reversing in part district court's decision and ruling that only portions of internal guidance for prosecutors was exempt as attorney work product and that none of disputed records were protected by Exemption 7(E).

People for the Ethical Treatment of Animals v. USDA (D.D.C.) -- finding that: (1) Department re-posted three categories of disputed animal welfare records on its website, which mooted plaintiff's claim for injunctive relief; (2) as to remaining records that Department did not re-post, plaintiff failed to show that Department was required to post them under statute's "reading room" provision. 

Summaries of all opinions issued since April 2015 available here.