FOIA Advisor

Court opinions issued Sept. 17, 2021

Court Opinions (2015-2023)Allan BlutsteinComment

Knight First Amendment Inst. at Columbia Univ. v CDC (S.D.N.Y.) -- ruling that: (1) agency did not perform adequate search for records concerning communications policies about coronavirus, because it improperly interpreted scope of request, failed to use relevant search terms, and did not provide sufficient detail about its search methodology; and (2) CDC improperly relied on Exemptions 5’s presidential communications and deliberative process privileges to withhold certain documents (which were ordered to be released), and it failed to provide adequate information to permit ruling on another document (necessitating in camera review).

Webster v. DOJ (D.D.C.) -- determining that plaintiff was eligible and entitled to award of attorneys’ fees in nearly 20-year-old case; reducing requested award from $692,925 to $225,714, because plaintiffs’ attorney did not qualify for requested $1,000 hourly rate and plaintiff’s time entries contained clear recordkeeping errors and improperly included time spent on failed motions, as well as excessive time on litigating fees.

Leopold v. USCIS (D.D.C) -- (1) dismissing claims against DHS, U.S. Customs and Border Patrol and USCIS because plaintiff declined to oppose government’s motion; and (2) granting government’s motion for summary judgment with respect to U.S. Immigration and Customs Enforcement because plaintiff’s narrowed request for certain records of “any and all immigration and enforcement actions was too vague.

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