FOIA Advisor

Court opinions issued Nov. 4, 2015

Court Opinions (2015-16)Allan BlutsteinComment

Gawker Media, LLC v. FBI (M.D. Fla.) -- granting in part and denying in part the government's motion for summary judgment concerning plaintiff's request for records concerning investigation of extortion involving "Hulk Hogan" sex tape.  The court granted government's Exemption 6 claims with respect to Hulk Hogan's family members, but denied those claims for individuals who had voluntarily publicized their involvement, the names of private attorneys, and certain government employees.  The court further found that the government had properly invoked Exemptions 3, 5, and 7(E).  However, the court reserved ruling on certain exemption claims made by the Executive Office of United States Attorneys pending an in camera review of records.    

Gahagan v. U.S. Citizenship & Immigration Servs. (E.D. La.) -- denying the parties' motions for summary judgment and ordering the government to submit a revised Vaughn Index that "more clearly identifies each redaction within the documents and clearly explains the relevance of each applied exemption, in particular exemption (k)(2)" of the Privacy Act. 

Gahagan v. U.S. Citizenship & Immigration Servs. (E.D. La.) -- ruling that plaintiff was ineligible for attorneys' fees and costs because plaintiff presented no evidence to show that the ultimate disclosure of the requested documents -- two months after the FOIA request -- resulted from the filing of his lawsuit, rather than merely administrative problems.

Summaries of all opinions issued since April 2015 available here.