FOIA Advisor

Court opinions issued Dec. 18, 2015

Court Opinions (2015-16)Allan BlutsteinComment

Snyder v. Dep't of Def. (N.D. Cal.) -- ruling that the Defense Logistics Agency had released certain responsive computer code information to plaintiff and therefore his claim for relief was moot; further ruling that DLA properly withheld other computer code information as critical infrastructure security information pursuant to Exemption 3 in conjunction with 10 U.S.C. §130e. 

Carlson v. U.S. Postal Serv. (N.D. Cal.) -- finding that spreadsheets indicating the number of transactions at given Postal Service locations in half-hour increments were properly withheld under Exemption 3, in conjunction with 39 U.S.C. § 410(c)(2), which exempts from disclosure Postal Service records that are of a commercial nature and would not be disclosed under good business practice.

Bartko v. U.S. Dep't of Justice (D.D.C.) -- determining that the FBI properly withheld all but six pages of requested records concerning plaintiff's conviction pursuant to Exemptions 3 (grand jury), 6, and 7(C); rejecting agency's relince upon Exemption 7(E) altogether.    

Bagwell v. U.S. Dep't of Justice (D.D.C.) -- denying government's motion for summary judgment in case involving records of DOJ's investigation of Pennsylvania State University sex abuse scandal.   The court held that the government's declarations and Vaughn Index were insufficient to assess whether the search was adequate or whether the withheld records were protected under Exemption 3 (grand jury).

Summaries of all opinions issued since April 2015 available here.