District Court Decisions

Brown v. DOJ, No. 10-247, 2010 U.S. Dist. LEXIS 107589 (D.D.C. Oct. 7, 2010) (Huvelle, J.). The court finds that "the declarations submitted by [the FBI and a Special Agent] adequately demonstrate that [the third party] no longer consents to the release of his FBI records to plaintiff." Moreover, "[p]laintiff's speculation that the FBI impermissibly attempted to convince [the third party] to withdraw his privacy waiver, without any evidence of misconduct or bad faith on the part of defendant, is insufficient to overcome the presumption of good faith the Court must accord to the [FBI]'s declarations." The court also notes that the subject's verbal withdrawal of his consent was sufficient and that FBI was not required to "'prove' [the party's] revocation via a signed document, absent any evidence of bad faith."