FOIA Advisor

Court Opinions (2017)

Court opinion issued Nov. 28, 2017

Court Opinions (2017)Allan BlutsteinComment

Conley v. FBI (3rd Cir.) -- (1) affirming district court's decision that plaintiff was not entitled to fee waiver regarding records concerning himself; (2) affirming district court's decision that plaintiff failed to file a timely administrative appeal from one of FBI's responses; and (3) vacating and remanding district court's decision that FBI properly invoked Exemption 7(E) to withhold portion of law enforcement manual.  

Summaries of all opinions issued since April 2015 available here

Court opinions issued Nov. 21, 2017

Court Opinions (2017)Allan BlutsteinComment

Nat'l Pub. Radio v. FEMA (D.D.C.) -- ordering agency to release the names of individuals who sold property through agency's flood mitigation program, as well as the addresses and sales prices of those properties, after finding that the privacy interests at stake were outweighed by the public interest in knowing whether agency was a good steward of taxpayer dollars.

Nat'l Sec. Counselors v. CIA (D.D.C.) -- ruling that plaintiff was eligible and entitled to attorney's fees with respect to certain claims from three lawsuits (as well as all costs), but reducing award for time spent on unsuccessful claims and ordering plaintiff to recalculate hourly rates based upon different fee matrix.

Summaries of all opinions issued since April 2015 available here

Court opinion issued Nov. 20, 2017

Court Opinions (2017)Allan BlutsteinComment

Wallick v. Agric. Mktg. Serv. (D.D.C.) -- finding that:  (1) agency reasonably interpreted the scope of plaintiff's request to be limited to its original application for certification, as opposed to applications for recertification and related audits; (2) agency failed to demonstrate that it performed reasonable search for adequate records; and (3) agency improperly withheld disputed sentence pursuant to deliberative process privilege, and agency was precluded from withholding it as non-responsive.

Summaries of all opinions issued since April 2015 available here

Court opinions issued Nov. 9, 2017

Court Opinions (2017)Allan BlutsteinComment

Hardy v. ATF (D.D.C.) -- awarding plaintiff $20,095.95 in attorney's fees and costs for substantially prevailing in case against DOJ's Office of Inspector General, but not against ATF, and reducing award for its limited success and for time spent on certain non-compensable tasks. 

Brick v. DOJ (D.D.C.) -- ruling that FBI's declarations were too sweeping and vague to permit review of agency's withholdings on 12 pages of records pursuant to Exemptions 3, 6, 7(C), and 7(E).

Summaries of all opinions issued since April 2015 available here

Court opinions issued Nov. 6, 2017

Court Opinions (2017)Allan BlutsteinComment

Dubuque v. U.S. Dep't of the Air Force (E.D. Mo.) -- ruling that agency properly relied upon Exemption 7(E) to withhold records pertaining to plaintiff's polygraph examination. 

Brennan Ctr. for Justice v. Dep't of State (D.D.C.) -- deciding that agency properly relied on Exemption 1 to withhold records concerning the United States's unpublished international agreements.

Summaries of all opinions issued since April 2015 available here

Court opinion issued Nov. 2, 2017

Court Opinions (2017)Allan BlutsteinComment

Sandoval v. DOJ (D.D.C.) -- finding that: (1) plaintiff, a pro se prisoner, failed to administratively appeal the Federal Bureau of Prison's FOIA determination before filing lawsuit; (2) Executive Office for United States Attorneys failed to demonstrate that it had conducted a reasonable search for records concerning plaintiff; and (3) FBI conducted a reasonable search for records concerning plaintiff and properly withheld certain records pursuant to Exemption 6, 7(C), 7(D), and 7(F). 

Summaries of all opinions issued since April 2015 available here