FOIA Advisor

Court opinions issued Feb. 16-Feb. 17, 2016

Court Opinions (2015-16)Allan BlutsteinComment

Feb. 17, 2016

Elec. Privacy Info. Ctr. v. Custom & Border Protection (D.D.C.) -- denying agency's summary judgment motion with respect to records concerning the Analytical Framework for Intelligence system.  The court found that the agency's declaration was deficient because: (1) it provided only a categorical description of the material withheld, without providing any exhibits or page references to allow the court to assess the agency's withholdings; (2) it did not sufficiently describe the underlying law enforcement techniques and procedures that the agency seeks to protect.

Mitchell v. Samuels (D.D.C.) -- ruling that plaintiff failed to establish that the Federal Bureau of Prisons had received his FOIA request, which the agency averred was not reflected in its FOIA tracking database. In reaching its decision, the court held that plaintiff's production of a copy of his FOIA request and a USPS tracking number was not sufficient evidence to deny the government's motion for summary judgment. 

Feb. 16, 2016

Pinson v. U.S. Dep't of Justice (D.D.C.) -- determining that the Office of Information Policy performed adequate searches in response to requests for various records from the Attorney General's office, but that it improperly withheld -- under Exemption 6 -- the name and identifying information of a third-party who submitted a letter of recommendation in support of Charles Samuels for the position of BOP Director.   

Summaries of all opinions issued since April 2015 available here.