Court opinions issued Nov. 24, 2021

Am. Civil Liberties Union v. CIA (D.D.C.) -- in case concerning the names of current or former government employees who had been granting exemptions from prepublication process, ruling that CIA properly withheld certain names pursuant to Exemptions 1 and 3 but not Exemption 6.

Nat'l Pub. Radio v. Int'l Dev. Fin. Corp. (C.D. Cal.) -- ruling that: (1) agency improperly relied on the deliberative privilege process to withhold three categories of records concerning proposed $756 million loan to the Eastman Kodak, noting that the record constituted public messaging, not substantive policy decisions; and (2) two of three remaining disputed emails fell within the deliberative process and met the foreseeable harm standard.

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

Court opinions issued Nov. 19, 2021

Am. Civil Liberties Union v. DHS (S.D.N.Y.) -- finding that government’s proposed processing rate of 500 pages monthly was reasonable and ordering DHS to refer plaintiff’s request to two components that might have potentially responsive records.

Chavis v. EOUSA (D.D.C.) -- on renewed summary judgment, ruling that EOUSA performed adequate search for records pertaining to plaintiff’s criminal case and that Exemption 5 issue was moot because agency released disputed records.

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

Court opinion issued Nov. 18, 2021

Buckley v. DOJ (W.D.N.Y.) -- ruling that: (1) FBI performed reasonable search for records concerning plaintiff and third parties, (2) FBI failed to provide enough information to justify withholding records pursuant to Exemption 3 in conjunction with the Pen Register Act; (3) FBI properly withheld records pursuant to Exemption 7(C), 7(D), and 7(F).

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

Court opinions issued Nov. 10, 2021

Nat’ l Pub. Radio v. U.S. Central Command (S.D. Cal.) -- finding that plaintiff’s lawsuit concerning the First Battle of Fallujah in 2004 was not substantially similar to lawsuit filed earlier in Northern District of California and denying government’s motion to dismiss.

Am. Ctr. for Law & Justice v. DHS (D.D.C.) -- dismissing case after concluding that plaintiff’s request “referencing or regarding in any way” eight “broadly defined immigration-related subject areas” was not reasonably described.

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

Court opinions issued Nov. 8, 2021

Reporters Comm. for Freedom of Press v. DOJ (D.D.C.) -- ruling that: (1) EOUSA, FBI, and the Criminal Division failed to perform adequate searches for records pertaining to Bryan Carmody; and (2) FBI properly relied on Exemption 7(C) to withhold name of one agent who questioned Mr. Carmody, but that name of second agency was in the public domain and could not be withheld.

Mitchell v. U.S. Dep't of Veterans Affairs (S.D.N.Y.) -- finding that agency performed adequate search for records concerning insurance benefits of plaintiff’s grandfather and that it properly withheld certain records pursuant to Exemption 6.

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

Court opinions issued Nov. 5, 2021

Donato v. EOUSA (D.D.C.) -- denying plaintiff’s motion to reconsider court’s decision that FBI properly relied on Exemption 7(C) in confirming to confirm or deny existence of records about investigation of third party.

Parker v. U.S. Probation Office (S.D. Cal.) -- dismissing complaint against U.S. Probation Office and federal probation officers because all are arms of the federal court and therefore not agencies subject to FOIA.

Homes-Hamilton v. FBI (D. Md.) -- ordering claims to be transferred to the U.S. District Court for the District of Columbia because one of three plaintiffs did not reside or have principal place of business in Maryland and judicial efficiency warranted all claims remaining together.

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

Court opinion issued Oct. 28, 2021

Oram v. Wilkie (W.D. Wash.) -- ruling that the Department of Veterans Affairs performed adequate search for records concerning plaintiff and properly withheld third-party information pursuant to Exemption 6, and that plaintiff failed to establish elements of a pattern-or-practice claim.

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

Court opinion issued Oct. 27, 2021

Elgabrowny v. CIA (D.D.C.) -- dismissing claims against the State Department and CIA because pro se plaintiff failed to prosecute case after he was released from federal prison.

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

Court opinions issued Oct. 22, 2021

White v. DOJ (7th Cir.) -- affirming district court’s decision that FBI’s 500-page-per-month production rate was proper; FBI and U.S. Marshals Service performed reasonable searches concerning plaintiff and white-supremacist groups; FBI properly issued Glomar responses regarding third-party record requests; and plaintiff was not entitled to litigation costs.

Open Soc’y Justice Initiative v. DOD (S.D.N.Y.) -- on renewed summary judgment, ruling that CIA properly relied on Exemption 1 and 3 in refusing to confirm or deny existence of certain records pertaining to COVID-19.

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

Court opinion issued Oct. 20, 2021

Ramaci v. FBI (S.D.N.Y) -- rejecting plaintiff’s argument that FBI improperly relied on Exemption 7(D) to withhold records concerning death of plaintiff’s husband, Steven Vincent, in Iraq, and further finding that FBI’s undisputed withholdings under Exemptions 5, 6, 7(C), and 7(E) were appropriate.

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