Brown v. Regan, No. 23-03328, 2023 WL 8190734 (D.D.C. Nov. 22, 2023) (Reyes, J.)

Brown v. Regan, No. 23-03328, 2023 WL 8190734 (D.D.C. Nov. 22, 2023) (Reyes, J.)

Re:  Request for records concerning plaintiff

Disposition:  Dismissing plaintiff’s complaint without prejudice

• Litigation Considerations, Pleadings:  The court holds that “Plaintiff . . . seeks to sue only defendants that are immune from damages claims and cannot state a claim under the FOIA.”  “Plaintiff attempts to sue, pursuant to the [FOIA], the Administrator of the [EPA].”  “However, Plaintiff cannot sue the EPA’s Administrator, because the FOIA authorizes suit only against federal agencies; it does not create a cause of action against individual officials or employees of an agency.”  “Even if Plaintiff had named a different defendant, his claim would still fail because the only form of relief he seeks – monetary damages – is not available.”