FOIA Advisor

Court opinions issued Mar. 6, 2017

Court Opinions (2017)Ryan MulveyComment

Edelman v. Sec. & Exch. Comm'n (D.D.C) -- determining that the SEC performed a reasonable search for consumer complaints regarding a real estate trust and that it properly withheld certain information pursuant to the deliberative process privilege.  Further, the court rejected the agency's categorical withholding of all names of consumer complainants under Exemption 6 and ordering the parties to meet and confer on the issue. 

Shapiro v. U.S. Dep't of Justice (D.D.C.) -- ruling that: (1) FBI properly invoked Exemption 7(E) to withhold search slips generated in response to certain FOIA requests seeking records concerning domestic terrorism investigations; (2) parties must meet and confer concerning FBI's "sensitive case file numbers or sub-files," which court found meets the threshold test of Exemption 7(E); (3) FBI properly withheld certain investigatory records pertaining to murder of Hyram Kitchen pursuant to Exemptions 1 and 5, but that neither party was entitled to summary judgment with respect to Exemption 3; and (4) FBI was required to submit sample, redacted documents to permit court to evaluate issue of segregability.  

Johnson v. United States (D.D.C.) -- dismissing action against EEOC because it released all records requested by plaintiff, and dismissing action against Office of Personnel management because plaintiff failed to submit a request before filing lawsuit. 

Summaries of all opinions issued since April 2015 available here.