FOIA Advisor

Court opinion issued Apr. 13, 2016

Court Opinions (2015-16)Allan BlutsteinComment

Buckovetz v. U.S. Dep't of the Navy (S.D. Cal.) -- denying government's summary judgment motion concerning records of a sexual harassment complaint maintained by U.S. Marine Corps.  The court held that the government had failed to demonstrate that it conducted an adequate search, noting that the government did not even address plaintiff's argument that an additional office would likely maintain records.  With respect to withholdings that the agency made pursuant to Exemptions 6 and 7(C), the court found that the agency declaration was "vague and conclusory" and that the Vaughn Index was "largely inadequate." Similarly, the court observed that the Vaughn Index did not address a single document withheld, in full or in part, under Exemption 5, and that the agency declaration failed to describe the requested documents in detail. 

Summaries of all opinions issued since April 2015 available here.