Selgjekaj v. EOUSA (D.D.C.) -- on renewed summary judgment, ruling that EOUSA reasonably described its search for grand jury records associated with plaintiff’s criminal prosecution.
Summaries of all published opinions issued since April 2015 are available here.
Smith v. EOUSA (S.D.N.Y.) -- denying plaintiff’s motion for reconsideration of summary motion in government’s favor, but agreeing that pro se plaintiff was eligible and entitled to award of filing and mailing costs due, in part, to agency’s dilatory search for records.
Summaries of all published opinions issued since April 2015 are available here.
BuzzFeed Inc. v. DOJ (S.D.N.Y.) -- ruling that DOJ properly relied on Exemption 7(C) to withhold identity of former DOJ employee who had sexually harassed a subordinate, according to public OIG report.
Summaries of all published opinions issued since April 2015 are available here.
June 16, 2022
Vidal-Martinez v. ICE (N.D. Ill.) -- concluding after in camera review that agency properly invoked Exemptions 5, 6, and 7(C) to withhold records concerning plaintiff’s detention and rejecting plaintiff’s contention that alleged government impropriety undermined its withholding claims.
June 15, 2022
Ecological Rights Found. v. EPA (N.D. Cal.) -- finding that EPA properly relied on deliberative process, attorney-client, and attorney work-product privileges to withhold eight categories of disputed records concerning a 2019 Department of Justice memo concerning EPA’s use of “Supplemental Environmental Projects” in settlement agreements.
Summaries of all published opinions issued since April 2015 are available here.
Avila v. U.S. Dep't of State (D.D.C.) -- holding that: (1) agency’s use of plaintiff’s full name as sole search term was too narrow to uncover all records responsive to plaintiff’s request for records concerning a February 2011 attack involving plaintiff; (2) agency adequately justified withholding some but not all documents pursuant to Exemption 1, and it provided inadequate description for one document withheld under Exemption 3 in conjunction with the National Security Act; (3) agency properly relied on Exemption 5’s deliberative process privilege to withhold draft documents, all but one document constituting outward-facing deliberations, and all but two miscellaneous records; and (4) agency properly withheld emails reflecting policy and legal advice pursuant to the attorney-client privilege.
Summaries of all published opinions issued since April 2015 are available here.
Deep Sea Fishermen's Union of Pac. v. U.S. Dep't of Commerce (W.D. Wash.) -- concluding that: (1) agency performed adequate search for personal text messages related to fishing observer program on or after September 20, 2017, when a new agency policy required such messages to be forwarded to agency email accounts; (2) agency’s search for all other records was inadequate, in part because agency neglected to explain its search process; and (3) agency’s “withholding log” and declaration were sufficiently detailed.
Summaries of all published opinions issued since April 2015 are available here.
Inter-Cooperative Exch. v. U.S. Dep't of Commerce (9th Cir.) -- in a 2-1 decision, reversing and remanding district court’s decision and holding that agency employee failed to use adequate terms when searching his personal cell phone for records concerning the arbitration system that sets the price of crab.
Am. Small Bus. League v. SBA (N.D. Cal.) -- concluding that: (1) plaintiff was a representative of the news media for fee purposes, consistent with multiple court decisions holding that “non-profit organizations that conduct investigations and publish press release and other articles about their findings” so qualified; and (2) plaintiff failed to demonstrate that it was entitled to public interest waiver of duplication fees for requests seeking communications from agency’s press office and board members.
Summaries of all published opinions issued since April 2015 are available here.
Eddington v. DOD (D.C. Cir.) -- affirming district court’s decision that requester failed to present sufficient evidence to overcome agency’s declaration that it did not receive any of his requests emailed to 14 DOD components and rejecting appellant’s argument that district court abused its discretion in failing to order discovery.
Barnes v. FBI (D.C. Cir.) -- affirming district court’s decision that requester’s criminal plea bargain precluded requester from seeking government records pertaining to his case, because government identified legitimate criminal-justice interest in enforcing waiver provision.
Fogg v. IRS (8th Cir.) -- reversing district court’s decision that IRS properly withheld portions of Internal Revenue Manual pursuant to Exemption 7(E) and remanding for in camera review, because agency’s declaration erroneously characterized the IRS solely as a law enforcement agency.
Am. Civil Liberties Union of Mass. v. ICE (D. Mass.) -- deciding that: (1) agency did not perform adequate search for records concerning a Massachusetts state judge and court security officer who helped a criminal defendant evade ICE arrest; (2) agency properly relied on Exemption 7(A) to withhold records related to pending criminal prosecution of the judge and court officer.
Reporters Comm. for Freedom of the Press v. FBI (D.D.C.) -- on remand from D.C. Circuit, finding that agency properly relied on Exemption 5’s deliberative process privilege and met foreseeable harm requirement in withholding portions of draft OIG report regarding agency’s impersonation of a journalist in 2007.
Summaries of all published opinions issued since April 2015 are available here.
Citizens for Responsibility & Ethics in Wash. v. U.S. Dep't of State (D.D.C.) -- deciding that: (1) agency properly relied on Exemption 5’s deliberative process privilege to withhold some, but not all, disputed records regarding a 2019 telephone conference call on international religious freedom; and (2) agency properly withheld email username of former Secretary Pompeo, but that agency improperly withheld government email domain address of former Deputy Secretary and the private email domain address of an agency employee.
Summaries of all published opinions issued since April 2015 are available here.
Am. Civil Liberties Union of Me. Found. v. USCIS (D. Me.) -- concluding that: (1) agency reasonably declined to search thousands of A-Files for certain requested documents because search would be too burdensome, and that agency’s search for other records was adequate; (2) agency properly withheld records pursuant to Exemption 5’s deliberative process privilege and Exemption (7C); (3) agency properly relied on Exemption 6 to withhold asylum applicant names, addresses, names of relatives, and addresses of relatives, but improperly withheld citizenship information, country of origin, political affiliation, roles in political elections, and religious affiliation; and (4) agency properly invoked Exemption 7(E) to withhold certain records related to detecting fraudulent asylum applications, but ordering disclosure or in camera review for other withheld records.
Summaries of all published opinions issued since April 2015 are available here.