FOIA Advisor

Court Opinions (2015-2024)

Court opinions issued Mar. 29, 2021

Court Opinions (2015-2024)Allan BlutsteinComment

Smith v. U.S. Marshals Serv. (S.D.N.Y.) -- finding that USMS conducted adequate search for records concerning plaintiff, but that EOUSA’s search was inadequate because it failed to explain its use of inconsistent search terms across multiple electronic searches.

N.Y. Times Co. v. FDA (S.D.N.Y.) -- concluding that agency had failed to justify its invocation of Exemption 4 to withhold a variety of records pertaining to electronic cigarette manufacturer. Of note, the court sidestepped the application of the “foreseeable harm” requirement and rejected plaintiff’s suggestion to adopt a public interest exception or balancing test.

Humane Soc'y Int'l v. U.S. Fish & Wildlife Serv. (D.D.C.) -- on renewed briefing following the Supreme Court’s intervening Exemption 4 decision in Food Marketing Institute, holding that agency improperly withheld disputed records concerning wildlife import and export. In reaching its decision, the court found that many third-party declarations objecting to disclosure constituted inadmissible hearsay and that the remaining declarations failed to show that disputed records were customarily and actually treated as private. The court also considered that the government had a history of releasing the disputed records.

Citizens for Responsibility & Ethics in Wash. v. GSA (D.D.C.) -- ruling that GSA properly relied on Exemption 5’s deliberative process privilege to withhold three categories of records concerning renovation of FBI headquarters, but that agency failed to justify use of same privilege to withhold two other categories of records.

Barry v. Haaland (D.D.C.) -- dismissing FOIA claim because plaintiff failed to administratively appeal from agency’s denial of access to any Inspector General records concerning plaintiff’s former supervisor.

Summaries of all published opinions issued since April 2015 are available here.

Court opinion added for Mar. 19, 2021

Court Opinions (2015-2024)Allan BlutsteinComment

Mullane v. DOJ (D. Mass.) -- deciding that: (1) Executive Office for United States Attorneys and the Securities and Exchange Commission performed adequate searches for records pertaining to plaintiff, whose legal internships were terminated and rescinded by EOUSA and SEC, respectively, due to an incident with a federal judge; (2) EOUSA properly withheld records pursuant to Exemption 5’s attorney-client and attorney work-product privileges, and it properly withheld unsigned draft records pursuant to the deliberative process privilege; the agency improperly withheld email with University of Miami, however, and failed to adequately explain other deliberative process privilege claims; (3) both agencies properly redacted records pursuant to Exemption 6, which plaintiff did not dispute.

[ALB comment: The genesis of this FOIA action, which is not discussed in the opinion, is worth reading. See “incident” link above]

Court opinions issued Mar. 26, 2021

Court Opinions (2015-2024)Allan BlutsteinComment

Stahl v. DOJ E.D.N.Y.) -- finding that BOP properly relied on Exemptions 7(C) and 7(F) to withhold certain segments of video that identified employees involved in force-feeding inmate, but rejecting agency’s use of Exemption 7(E) and rejecting agency’s argument that it could not edit video to segregate and release non-exempt portions.

Protect Democracy Proj. v. DOJ (D.D.C.) -- ordering in camera review of memo concerning a 2020 airstrike against an Iranian general to determine whether any portion of memo was officially disclosed by the government.

Summaries of all published opinions issued since April 2015 are available here.

Court opinions issued Mar. 25, 2021

Court Opinions (2015-2024)Allan BlutsteinComment

Am. Soc'y for Prevention of Cruelty to Animals v. APHIS (S.D.N.Y.) -- concluding that: (1) agency improperly relied on Exemption 4 to withhold revenue, sales volume, and license fee information of animal dealers, as well as animal care instructions appearing in one photograph; (2) agency properly relied on attorney-client privilege to withhold certain records pertaining to facility inspection, but failed to show that all of its deliberative process privilege claims were proper; (3) plaintiff did not assert a valid policy-and-practice claim because Congress enacted legislation to address the polices and practices disputed by plaintiff.

Flete-Garcia v. EOUSA (D.D.C.) -- ruling that: (1) plaintiff failed to exhaust his administrative remedies regarding his request for discovery material from his criminal case; (2) agency failed to demonstrate that it did not receive three of plaintiff’s requests for various records concerning his criminal case, noting that plaintiff proved that two of those requests were received at agency’s screening location for processing mail; and (3) agency properly relied on Exemption 3, in conjunction with Federal Rule of Criminal Procedure 6(e), to withhold certain grand jury records, but it failed to show that orders reflecting the commencement, extension, and termination of specified grand juries were exempt.

Summaries of all published opinions issued since April 2015 are available here.

Court opinions issued Mar. 24, 2021

Court Opinions (2015-2024)Allan BlutsteinComment

White v. FBI (7th Cir.) (nonprecedential opinion) -- concluding that it had jurisdiction to consider plaintiff’s interlocutory appeal and affirming district court’s decision to deny plaintiff request for the immediate processing of 55,000 pages of records instead of FBI’s pace of 500 pages per month.

Flete-Barcia v. USMS (D.D.C.) -- on renewed summary judgment, finding that: (1) agency’s supplemental search for records about plaintiff was adequate in most respects, but agency’s declaration indicated that it might have used incorrect spelling of plaintiff’s name; (2) agency properly withheld records pursuant to Exemptions 7(C) and 7(E).

Allen v. BOP (D.D.C.) -- on sixth renewed summary judgment (which plaintiff did not oppose), ruling that BOP properly relied on Exemption 7(C) to withhold identification information used by employees to log into agency’s network.

Summaries of all published opinions issued since April 2015 are available here.

Court opinions issued Mar. 22, 2021

Court Opinions (2015-2024)Allan BlutsteinComment

Huggans v. EOUSA (D.D.C.) -- ruling that FBI, ATF, DEA, and EOUSA properly refused to search for records pertaining to third-party informant because the responsive records were categorically exempt under Exemption 7(C).

Stonehill v. IRS (D.D.C.) -- concluding that agency erroneously relied on doctrine of res judicata to deny request for records related to agency’s processing of plaintiff’s earlier FOIA request.

Summaries of all published opinions issued since April 2015 are available here.

Court opinions issued Mar. 19, 2021

Court Opinions (2015-2024)Allan BlutsteinComment

A.B. v. DOJ (D.D.C.) -- ruling that DOJ properly relied on Exemption 5’s deliberative process privilege to withhold communications between the Attorney General’s office and the Office of Legal Counsel regarding her asylum case.

Mullane v. DOJ (D. Mass.) -- deciding that: (1) Executive Office for United States Attorneys and the Securities and Exchange Commission performed adequate searches for records pertaining to plaintiff, whose legal internships were terminated and rescinded by EOUSA and SEC, respectively, due to an incident with a federal judge; (2) EOUSA properly withheld records pursuant to Exemption 5’s attorney-client and attorney work-product privileges, and it properly withheld unsigned draft records pursuant to the deliberative process privilege; the agency improperly withheld email with University of Miami, however, and failed to adequately explain other deliberative process privilege claims; (3) both agencies properly redacted records pursuant to Exemption 6, which plaintiff did not dispute.

Summaries of all published opinions issued since April 2015 are available here.

Court opinions issued Mar. 18, 2021

Court Opinions (2015-2024)Allan BlutsteinComment

Powell v. IRS (D.D.C.) -- on renewed summary judgment, finding that IRS performed adequate supplemental search for records pertaining to plaintiff.

Legal Eagle, LLC v. Nat'l Sec. Council Records Access (D.D.C.) -- ruling that: (1) National Security Council and its components were not agencies subject to plaintiff’s FOIA request, which sought records related to prepublication review of John Bolton’s book, The Room Where It Happened; (2) multiple federal agencies properly denied plaintiff’s request for expedited processing because plaintiff failed to demonstrate why requested records were time sensitive.

Summaries of all published opinions issued since April 2015 are available here.

Court opinions issued Mar. 17, 2021

Court Opinions (2015-2024)Allan BlutsteinComment

Moeller v. EEOC (D.D.C.) -- deciding that: (1) agency failed to demonstrate that it performed reasonable search for certain records concerning employment advertisements, and (2) agency failed to adequately support its withholding claims under Exemption 5, 6, and 7(C), and failed to articulate “a specific foreseeable harm that is adequately connected to the underlying materials.”

Watkins Law & Advocacy v. DOJ (D.D.C.) -- ruling on renewed summary judgment that: (1) DOJ adequately performed supplemental search for communications and agreements with the Department of Veterans Affairs regarding persons prohibited from purchasing firearms; (2) DOJ improperly withheld portions of two congressional reports as “non-responsive,” but rejecting plaintiff’s APA claim challenging validity of DOJ’s guidance on definition of a record; and (3) DOJ properly withheld memorandum pursuant to Exemption 5’s deliberative process privilege.

Summaries of all published opinions issued since April 2015 are available here.

Court opinions issued Mar. 16, 2021

Court Opinions (2015-2024)Allan BlutsteinComment

Rifle Remedies, LLC v. IRS (D. Colo.) -- finding that: (1) agency conducted adequate search for records pertaining to its audit of plaintiff and policy documents or guidance pertaining to marijuana vendors; and (2) agency properly withheld records pursuant to Exemption 3, in conjunction with 26 I.R.C. § 6103, and Exemptions 5, 7(A), 7(C), and 7(E).

DaVita Inc. v. HHS (D.D.C.) -- concluding that Centers for Medicare and Medicaid did not adequately explain how it performed certain aspects of its search for 36 public comments received in responsive to a rule proposed in 1990 and finalized in 1995.

Summaries of all published opinions issued since April 2015 are available here.