FOIA Advisor

Court Opinions (2015-2023)

Court opinions issued Mar. 19, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Leopold v. DOJ (D.D.C.) -- ruling that: (1) FBI conducted reasonable search for investigative records pertaining to Donald Trump's statement about Russia looking for Hillary Clinton's missing emails; (2) FBI properly withheld all responsive records concerning item 1 above pursuant to Exemption 7(A); (3) FBI properly invoked Exemption 7(A) in refusing to confirm or deny existence of investigative records concerning Donald Trump statement about "Second Amendment people" stopping Hillary Clinton; (4) Secret Service properly relied on Exemptions 5 and 7(E) to withhold records concerning plaintiff's requests.  

Dutton v. DOJ (D.D.C.) -- determining that FBI and DOJ Inspector General conducted adequate searches for records pertaining to plaintiff, and that government properly withheld records pursuant to Exemptions 1, 3, 5, 6, 7(A), 7(C), 7(D), and 7(E).

Summaries of all opinions issued since April 2015 available here

Court opinions issued Mar. 15-16, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Mar. 16, 2018

Davis v. U.S. Dep't of Veterans Affairs (10th Cir.) -- affirming district court's decision that agency performed  reasonable search for records pertaining to plaintiff's claims for benefits and that agency did not withhold any responsive records. 

Mar. 15, 2018

Lopez v. NARA (D.D.C.) -- dismissing case because plaintiff failed to administratively appeal agency's decision before he filed lawsuit.  

Chase v. DOJ (D.D.C.) -- ruling that:  (1) Executive Office for United States Attorneys performed reasonable search for records concerning plaintiff's prosecution for possession of child pornography; (2) EOUSA properly relied on Exemption 3, in conjunction with Federal Rule of Criminal Procedure 6(e) and the Child Witnesses' Rights Act,  to withhold grand jury transcripts; (3) U.S. Marshals Service properly withheld records pursuant to Exemptions 7(C) and 7(E); and (4) EOUSA properly referred certain records to FBI, which properly determined that plaintiff was not entitled to waiver of duplication fees.  

Summaries of all opinions issued since April 2015 available here

Court opinion issued Mar. 13, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Roseberry-Andrews v. DHS (D.D.C.) -- ruling that: (1) agency failed to demonstrate that it performed adequate search for records concerning plaintiff's employment with ICE; (2) plaintiff failed to establish that agency had policy or practice of delaying FOIA responses; (3) agency properly withheld records pursuant to Exemption 5, 6, 7(C), and 7(E); and (4) agency failed to identify portions of records withheld as non-segregable.  

Summaries of all opinions issued since April 2015 available here

 

Court opinions issued Mar. 7-8, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Mar. 8, 2018

Clemente v. FBI (D.C. Cir.) -- denying appellant's petition for rehearing en banc.  Notably, Judge Kavanaugh stated in a concurring opinion that the Court’s "four-factor test for awarding attorney’s fees in FOIA cases is inconsistent with FOIA’s text and structure, and impermissibly favors some FOIA plaintiffs over other equally deserving FOIA plaintiffs.  In an appropriate case, I believe that the en banc Court should re-examine and jettison that four-factor test."

Walston v. DOD (D.D.C.) -- finding that government performed adequate search for records concerning plaintiff's complaint with DOD that her computer was hacked.

Mar. 7, 2018

Schoeffler v. USDA (D.Ariz.) -- concluding that agency failed to perform adequate search in response to one of four requests for records concerning Yarnell Hill Fire in Arizona.

Summaries of all opinions issued since April 2015 available here

Court opinions issued Feb. 23, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Singh v. USPS (9th Cir.) (unpublished) -- affirming district court's decision that agency performed reasonable search for records concerning plaintiff's employment.

Cable News Network v. FBI (D.D.C.) (consolidating five cases) -- finding that: (1) FBI conducted adequate search for documents related to James Comey's memos about President Trump and memos by Comey (or related documents) about other specific prominent figures; (2) FBI properly withheld records pursuant to Exemptions 7(A) and 7(C), but was required to release certain portions of non-responsive email chain.

Summaries of all opinions issued since April 2015 available here