FOIA Advisor

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Court opinions issued August 21, 2015

Court Opinions (2015-16)Allan BlutsteinComment

Harvey v. Lynch (D.D.C.) -- finding that plaintiff's FOIA and Administrative Procedure Act (APA) claims were moot because plaintiff agreed that agency had released all non-exempt records; noting that APA claim also was moot because "a FOIA requester may not seek relief under the APA for a violation of FOIA or the governing FOIA regulations."

Patel v. Bureau of Prisons (D.D.C.) -- holding that BOP failed to adequately explain:  (1) how it searched for records in response to one of plaintiff's requests; (2) why it was unable to segregate non-exempt information from information that it withheld under Exemptions 6 and 7(C); and (3) that records it withheld under Exemption 5 were privileged.    

Summaries of all cases since April 2015 are available here.