FOIA Advisor

Court opinions issued Nov. 6, 2023

Court Opinions (2015-2023)Allan BlutsteinComment

Contreras & Metelska v. ICE (D. Minn.) -- ruling that agency properly relied on Exemptions 3, 5, 6, and 7(C) to redact emails of ICE’s local chief counsel regarding his “no contact” policy with plaintiffs; rejecting plaintiff’s claims that agency’s alleged discriminatory conduct or its release of previously withheld records constituted bad faith warranting additional review of disputed documents.

NY Times v. DOJ (S.D.N.Y.) -- granting government’s motion for reconsideration in case involving records of FBI’s “use of spyware and other digital surveillance products from the Israeli technology company”; finding that government’s supplemental declaration regarding Exemptions 1, 3, and 7(E) was sufficient to sustain withholdings. but cautioning that “this ruling should in no way be construed as approving the Government's failure to effectively support its litigation positions in its summary judgment briefing.”

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