FOIA Advisor

Court opinions issued Aug. 4, 2017

Court Opinions (2017)Allan BlutsteinComment

Price v. U.S. Dep't of Justice Attorney Office (D.C. Cir.) -- ruling in 2-1 decision that plea agreement waiving criminal defendant's FOIA rights "offends public policy and is therefore unenforceable."

Aguiar v. DEA (D.C. Cir.) -- vacating district court's decision because DEA failed to show that requested GPS software was not an agency record and failed to show that it adequately searched for administrative subpoenas that existed at time plaintiff submitted his request. 

Jordan v. U.S. Dep't of Labor (D.D.C.) -- determining that agency properly relied upon Exemption 4 to withhold certain email between company and agency administrative law judge because, among other things. the records contained privileged attorney-client communications.

Sharkey v. FBI (N.D. Ohio) -- determining that FBI conducted reasonable searches for assorted records concerning plaintiff and that he failed to exhaust his administrative remedies with respect to one of his requests.  

Summaries of all opinions issued since April 2015 available here.