FOIA Advisor

Court opinions issued Aug. 13, 2019

Court Opinions (2019)Allan BlutsteinComment

Higgs v. U.S. Park Police (7th Cir.) -- reversing district court’s decision that FBI did not justify its use of Exemption 7(C) to withhold records about third parties involved in plaintiff’s triple-murder conviction . The Seventh Circuit found that even though record was not fully developed as to varying interests of third parties, plaintiff’s public interest arguments -- namely that disclosure would reveal government misconduct and educate public about DOJ’s execution of its law-enforcement duties - - could not not overcome those privacy interests.

N.Y. Legal Assistance Grp.. v. Bd. of Immigration Appeals (S.D.N.Y.) -- holding that neither FOIA nor Administrative Procedure Act permitted the court to order agency to publish requested material in electronic reading room.

Summaries of all published opinions issued since April 2015 are available here.