FOIA Advisor

Court Opinions (2015-2023)

Court opinion issued August 31, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Ernest Asiedu Odei & Spirit of Grace Outreach. v. DHS (N.D. Ill.) -- determining that: (1) DHS performed reasonable search for records concerning denial of entry and detention of Ghanaian national, and (2) DHS "honored" disputed FOIA requests by releasing all documents with redactions and that plaintiffs did not object to Vaughn Index.   

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

Court opinion issued Aug. 29, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

San Juan Citizens All. v. Bureau of Land Mgmt. (D. Colo.) -- in a wieldy opinion, (1) denying parties' summary judgment motions regarding adequacy of government's search for records concerning Glade Run Recreation Area, noting that "each party has the burden of proof showing reasonableness and neither party has met that burden"; (2) finding that "there may be merit in proceeding" with plaintiff's claim that agency has pattern and practice of illegally withholding records from plaintiff; and (3) denying plaintiff's motion for contempt orders against agency officials for submitting declarations that plaintiff asserted were "ambiguous and unresponsive."

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

Court opinion issued Aug. 27, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Crestek, Inc. & Subsidiaries  v. IRS (D.D.C.) -- determining that IRS performed reasonable search for companies tax records and properly withheld certain records pursuant to Exemptions 5 (deliberative process, attorney work-product, and attorney-client privileges), 7(D), and 7(E).  

Sandoval v. DOJ (D.D.C.) -- ruling that: (1) plaintiff failed to exhaust administrative remedies with respect to requests to FBI and Federal Bureau of Prisons for records about his criminal case; (2) plaintiff was not entitled to additional records from Executive Office for United States Attorneys because he refused to pay for copies.  

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

 

Court opinions issued Aug. 24, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Gatore v. DHS (D.D.C.) -- concluding that: (1) agency improperly relied upon deliberative process privilege to withhold asylum officer assessments in full; (2) plaintiff had standing to bring "policy-and-practice" claims pertaining to agency's treatment of assessments under FOIA and that defendant was not entitled to summary judgment on merits of claims; and (3) individual plaintiffs failed to demonstrate that they were entitled to represent a class of plaintiffs under Rule 23(a).  

Turner v. U.S. Forest Serv. (S.D. Ill.) -- determining that agency conducted adequate search for records pertaining to protection of bats in Shawnee National Forest.  

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

 

Court opinions issued Aug. 21, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Am. Civil Liberties Union v. DOD (2nd Cir.) -- reversing district court's decision and holding that detainee photographs were protected from disclosure pursuant to Exemption 3 in conjunction with the Protected National Security Documents Act of 2009. 

Protect Democracy Project v. DOD (D.D.C.) -- ruling that: (1) government properly relied on presidential communications privilege to withhold three legal memoranda pertaining to U.S. missile attack in Syria; (2) government properly invoked attorney-client privilege to withhold legal advice of Office of Legal Counsel to Attorney General; (3) government properly relied on deliberative process privilege to withhold talking points used to respond to media inquiries, except for portion that government officially acknowledged.

Bonfilio v. OSHA (D.D.C.) -- finding that agency performed adequate search for records of deaths or injuries occurring on property of four construction companies, and that agency properly withheld information pursuant to Exemptions 6 and 7(C).  

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

Court opinion issued Aug. 15, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Elec. Privacy Info. Ctr. v. DOJ (D.D.C.) -- ruling that DOJ properly relied on Exemption 5 (deliberative process and presidential communications privileges) and Exemption 6 to withhold various records pertaining to "evidence-based assessment tools that seek to predict the statistical probability of an individual’s recidivism."

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

Court opinion issued Aug. 14, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Djenasevic v. EOUSA (D.D.C.) -- determining that: (1) Executive Office for United State Attorneys and Drug Enforcement Administration performed reasonable searches for records concerning plaintiff, a convicted heroin dealer; (2) EOUSA properly withheld records pursuant to Exemption 3 (grand jury), 5 (deliberative process privilege), 6, and 7(C); (3) DEA properly withheld records pursuant to Exemption 7(D), 7(E), and 7(F).

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