FOIA Advisor

Court opinions issued Mar. 30-Mar. 31, 2016

Court Opinions (2015-16)Allan BlutsteinComment

Mar. 31, 2016

Ryan v. Fed. Bureau of Investigation (D.D.C.) --  holding that agency conducted an adequate search for records concerning plaintiff, who alleged that he has been under constant FBI surveillance since shortly after September 11, 2001.

Giovanetti v. Fed. Bureau of Investigation (D.D.C.) -- granting government's renewed motion for summary judgment after finding that FBI properly withheld records about plaintiff, a pro se prisoner, pursuant to Exemptions 3, 5, 6, 7(C), 7(D), and 7(E).

Mar. 30, 2016

Center for Ethics & Responsibility in Wash. v. U.S. Dep't of Justice (D.D.C.) -- deciding that FBI properly invoked Exemptions 3, 5, 6, 7(C), 7(D), and 7(E) to withheld records pertaining to investigation of former congressman Tom Delay.  Of note, the court permitted the FBI to assert Exemption 5 even though it had not raised the argument during prior proceedings. The court noted, however, that the agency "prevailed on this issue by the skin of its teeth."  The court further stated that it was "particularly displeased by defendant's misrepresentation in its brief in support of its second Motion for Summary Judgment that the FBI had withheld material pursuant to Exemption 5 in the first round of summary judgment . . . and defendant's failure to explain or take responsibility for the mishap here." 

Summaries of all opinions issued since April 2015 available here.