Court opinions issued Nov. 5, 2021

Donato v. EOUSA (D.D.C.) -- denying plaintiff’s motion to reconsider court’s decision that FBI properly relied on Exemption 7(C) in confirming to confirm or deny existence of records about investigation of third party.

Parker v. U.S. Probation Office (S.D. Cal.) -- dismissing complaint against U.S. Probation Office and federal probation officers because all are arms of the federal court and therefore not agencies subject to FOIA.

Homes-Hamilton v. FBI (D. Md.) -- ordering claims to be transferred to the U.S. District Court for the District of Columbia because one of three plaintiffs did not reside or have principal place of business in Maryland and judicial efficiency warranted all claims remaining together.

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

Court opinion issued Oct. 28, 2021

Oram v. Wilkie (W.D. Wash.) -- ruling that the Department of Veterans Affairs performed adequate search for records concerning plaintiff and properly withheld third-party information pursuant to Exemption 6, and that plaintiff failed to establish elements of a pattern-or-practice claim.

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

Court opinion issued Oct. 27, 2021

Elgabrowny v. CIA (D.D.C.) -- dismissing claims against the State Department and CIA because pro se plaintiff failed to prosecute case after he was released from federal prison.

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

Court opinions issued Oct. 22, 2021

White v. DOJ (7th Cir.) -- affirming district court’s decision that FBI’s 500-page-per-month production rate was proper; FBI and U.S. Marshals Service performed reasonable searches concerning plaintiff and white-supremacist groups; FBI properly issued Glomar responses regarding third-party record requests; and plaintiff was not entitled to litigation costs.

Open Soc’y Justice Initiative v. DOD (S.D.N.Y.) -- on renewed summary judgment, ruling that CIA properly relied on Exemption 1 and 3 in refusing to confirm or deny existence of certain records pertaining to COVID-19.

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

Court opinion issued Oct. 20, 2021

Ramaci v. FBI (S.D.N.Y) -- rejecting plaintiff’s argument that FBI improperly relied on Exemption 7(D) to withhold records concerning death of plaintiff’s husband, Steven Vincent, in Iraq, and further finding that FBI’s undisputed withholdings under Exemptions 5, 6, 7(C), and 7(E) were appropriate.

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

Court opinion issued Oct. 19, 2021

Ball v. USMS (D.D.C.) -- ruling that: (1) U.S. Marshals Service performed adequate search for records concerning prisoner-plaintiff; (2) USMS and U.S. Immigration and Customs Enforcement properly withheld records (collectively or individually ) pursuant to Exemptions 3, 6. 7(C), 7(E), and 7(F) and met statute’s foreseeable harm requirement, which it noted did not apply to Exemption 3.

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

Court opinions issued Oct. 18, 2021

Cole v. DOJ (D.D.C.) -- dismissing plaintiff’s claim concerning his request for FBI records about the Junior Black Mafia because he failed to file an administrative appeal with DOJ’s Office of Information Policy.

Reporters Comm. for Freedom of the Press v. U.S Customs & Border Prot. (D.D.C.) -- in case concerning records of agency’s interaction with Twitter, finding that: (1) CBP properly withheld certain, but not all, records pursuant to Exemption 5’s deliberative process, attorney work-product, and attorney-client privileges, citing in some instances the lack of foreseeable harm; (2) CBP properly relied on Exemption 7(C) to withhold names of “non-public-facing” employees, except for two Special Agents whose names were in public domain; and (3) CBP properly withheld records pursuant to Exemption 7(E).

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

Court opinion issued Oct. 13, 2021

Friends of Animals v. U.S. Fish & Wildlife Serv. (10th Cir.) -- affirming in part and reversing in part district court’s decision and holding that: (1) agency properly relied on Exemption 7(C) to withhold names of individuals importing African giraffe parts or products; (2) Exemption 7(C) did not protect names of individuals importing African elephant skins and parts because names were publicly available elsewhere and prospect of harassment was “primarily speculative”; and (3) agency could not sustain its Exemption 4 withholdings using agency affidavit containing inadmissible hearsay.statements. A partial dissent argued that the majority undervalued the privacy interests of elephant importers and overvalued the public interests at stake.

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

Court opinion issued Oct. 4, 2021

Pitts v. DOJ (D.D.C.) -- deciding that: (1) Civil Rights Division performed adequate search for records concerning Jamar Clark’s death notwithstanding lack of details about agency’s search; and (2) agency properly withheld records pursuant to Exemption 5’s deliberative process and attorney work-product privileges and Exemption 7(C).

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

Court opinion issued Oct. 2, 2021

Stalcup v. DOD (D. Mass.) -- approving and adopting magistrate judge’s report and recommendation finding that DOD’s Missile Defense Agency and its Joint Staff performed adequate searches concerning TWA Flight 800, and that the Office of the Secretary of Defense did not conduct an adequate search.

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