FOIA Advisor

Court opinions issued Nov. 10, 2015

Court Opinions (2015-16)Allan BlutsteinComment

Allison v. U.S. Marshals Serv. (D. Idaho) -- ruling in government's favor after finding that:  (1) requested police records were not in agency's possession and that a sealed court record was not improperly withheld; and (2) plaintiff failed to administratively appeal agency's search methodology or its exemption claims with respect to remaining requested records.

Pinson v. U.S. Dep't of Justice (D.D.C.) -- granting in part and denying in part summary judgment motion of the Executive Office for the United States Attorneys.  The court found that plaintiff had failed to appeal certain agency responses, but held that plaintiff was not required to appeal responses that the agency had made after plaintiff filed his initial Complaint.  The court further held that EOUSA's declaration failed to demonstrate that the agency's search was adequate, noting the declaration's description of the search was "so general that it could describe virtually any search undertaken in response to a FOIA request."

 Summaries of all opinions issued since April 2015 available here.