FOIA Advisor

Court Opinions (2019)

Court opinions issued Feb. 19, 2019

Court Opinions (2019)Allan BlutsteinComment

Krocka v. Exec. Office for U.S. Attorneys (D.D.C.) -- (1) reserving decision on whether agency performed adequate search for criminal records concerning plaintiff, because agency failed to “say the ‘magic words’ that it “searched all locations likely to contain responsive documents”; (2) finding that agency properly withheld records pursuant to Exemptions 3 (FRCrP 6(e)); 5 (attorney work-product); 7(C), and 7(D),

Brick v. DOJ (D.D.C.) -- ruling that FBI properly withheld records concerning Eleanor Roosevelt’s travel to Soviet Union pursuant to Exemption 3 (Nat’l Sec. Act of 1947) and Exemption 7(E).

Stein v. SEC (D.D.C.) — finding that SEC performed adequate search for records concerning plaintiff and that its reliance on Exemption 7(A) was proper because plaintiff’s criminal and civil cases were on appeal.

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

FOIA News: FOIA Advisory Committee to meet Mar. 20th

Court Opinions (2019)Allan BlutsteinComment

The FOIA Advisory Committee will next meet on March 20, 2019, from 10am to 1pm, per a Federal Register notice scheduled to be published on February 19, 2019. As always, the meeting will be live-streamed on the National Archives’ YouTube channel at https:// www.youtube.com/user/usnational archives. Meeting material will be posted online at https:// www.archives.gov/ogis/foia-advisorycommittee/2018-2020-term/meetings.

Court opinions dated Feb. 12, 2019

Court Opinions (2019)Allan BlutsteinComment

Mabie v. USMS (S.D. Ill.) -- determining that Marshal’s Service performed adequate search for records pertaining to surveillance system installed at federal courthouse and that agency properly withheld records pursuant to Exemptions 7(E) and 7(F).

Edelman v. SEC (D.D.C.) -- denying plaintiff’s motion for attorney’s fees even though plaintiff substantially prevailed in underlying litigation, because agency’s actions were reasonable and no other entitlement factors favored plaintiff.

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

Court opinions issued Feb. 6, 2019

Court Opinions (2019)Allan BlutsteinComment

Winn v. DOJ (D.D.C.) -- determining that FBI properly construed scope of plaintiff’s three requests to be limited to records concerning plaintiff, and that agency performed adequate search and segregability review.

Curran v. USPS (E.D. Wis.) -- ruling that: (1) internet usage records of agency employees constituted agency records and were required to be released absent personally identifying information; (2) agency improperly relied on Exemption 6 to withhold “supervisor observation logs,” which generally describe what was occurring in agency computer lab and hallway; and (3) agency properly withheld records of investigation and discipline of low-level agency employee.

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

Court opinions issued Feb. 5, 2019

Court Opinions (2019)Allan BlutsteinComment

Blakeney v. FBI (D.D.C.) — finding that: (1) Executive Office for U.S. Attorneys conducted adequate search for records pertaining to plaintiff’s criminal case and properly relied on Exemptions 5, 6, and 7(C); and (2) plaintiff’s claim against FBI was barred because plaintiff failed to pay FBI’s FOIA processing fees.

Det. Watch Network v. ICE (S.D.N.Y) -- ruling that plaintiffs were eligible and entitled to attorney’s fees and costs incurred during appellate litigation over immigration detention contracts, and that government was responsible for paying those fees even though third-party intervenors litigated at appellate levels.

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

Court opinion issued Feb. 4, 2019

Court Opinions (2019)Allan BlutsteinComment

Story of Stuff Project v. U.S. Forest Serv. (D.D.C.) -- ruling that agency properly relied on Exemptions 4, 5, and 9 to withhold records pertaining to operations of Nestlé Waters in San Bernardino National Forest, but that names of company employees who submitted permit-related reports were not protected by Exemption 6. Of note, the court determined that records pertaining to the company’s “boreholes” constituted “wells” for purposes of Exemption 9.

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