FOIA Advisor

Court opinions issued Dec. 21 & 22, 2017

Court Opinions (2017)Allan BlutsteinComment

Dec. 22, 2017

Eil v. DEA (1st Cir.) -- reversing judgment of district court because it failed to consider privacy interests of decedents' family members and holding that Exemption 7(C) permitted DEA to withhold medical and death-related records introduced as exhibits by government at criminal trial of Dr. Paul Volkman. A dissenting judge agreed that the lower court employed incorrect standard, but opined that summary judgment.was precluded by a genuine factual dispute. 

Dec. 21, 2017

Gatore v. DHS (D.D.C.) -- ruling that plaintiffs were eligible for and entitled to attorney's fee and costs for substantially prevailing in case involving FOIA requests for assessments of asylum officers.  In reaching its decision, the court notably held that it was unreasonable for DHS to withhold non-responsive information from a responsive document. per recent D.C. Circuit case law.  The court also held that plaintiff failed to demonstrate the "LSI Laffey Matrix" reflects the prevailing hourly rates for attorneys better than the "USAO Matrix." 

Summaries of all opinions issued since April 2015 available here.