Court Decisions Overview
Each year the federal courts issue hundreds of decisions in FOIA cases, addressing all aspects of the law. These decisions shape the way the law is interpreted and applied by the many attorneys and access professionals across the government who handle FOIA requests, administrative appeals, and litigation. To aid those professionals, and to facilitate greater understanding of the FOIA overall, OIP posts summaries of FOIA decisions to this website.
Although we have designed these summaries to reflect the key aspects of each decision, by their nature these are summaries only, and such things as internal citations and quotations have been omitted. Our goal is to provide readers with an overview of the cases as they are decided during the year, but for a complete understanding of any given case readers are, of course, encouraged to read it in its entirety.
Using the Court Decisions Page
This website includes decisions decided since January 2013. Summaries of decisions decided between May 2009 and December 2012 are available in the Court Decisions Archive. All decisions are presented chronologically, based on the date of issuance, with the most recent decision appearing first. Each decision is tagged topically with the relevant exemption or procedural consideration addressed.
You can view all decisions tagged with a particular topic or court by using the “Topic” drop down menu. For example, to see all cases where Exemption 5 is addressed, select “Exemption 5.”
You can search through each decision summary for keywords or phrases using the “Keyword Search” feature. For example, to see all cases with a particular term, such as “e-mail” or “affirming,” you can type in the term or phrase to retrieve all court decision summaries where it appears. You can also use this feature to locate decisions from a particular court by searching for the court acronym, such as “D.C. Cir” for all decisions from the Court of Appeals for the District of Columbia Circuit.
Carter v. NSA, No. 12-0968, 2013 WL 4505284 (D.D.C. Aug. 26, 2013) (Kollar-Kotelly, J.)
- Procedural Requirements, Proper FOIA Requests: The court reject's plaintiff's challenge of defendant's construction of plaintiff's request and holds that, "[i]n light of the origin, function, and mission of [defendant], it is...
Christensen v. U.S., No. 11-321, 2013 WL 4521040 (E.D. Ky. Aug. 26, 2013) (Caldwell, J.)
- Litigation Considerations: The court dismisses plaintiff's claim because it finds that, "the only proper defendant to a claim under FOIA in light of facts alleged by [plaintiff] is the [Federal Bureau of Prisons], an entity which [plaintiff] did not join in this suit as a defendant." "The court...
Leonard v. Dep't of the Treasury, No. 10-6625, 2013 WL 4517912 (D.N.J. Aug. 26, 2013) (Kugler, J.)
- Exemption 3: The court holds that defendant correctly invoked Exemption 3. The court finds that, "[i]t is undisputed that Internal Revenue Code section 6103 is [] a qualifying statute." The court explains that, "[t]his Code provision prohibits the disclosure of 'third-party tax...
Marcusse v. DOJ, No. 12-1025, 2013 WL 4505292 (D.D.C. Aug. 26, 2013) (Kollar-Kotelly, J.)
- Litigation Considerations, Exhaustion of Administrative Remedies: The court partially "grant[s] defendants' motion to dismiss," but "[s]ince the record contains sufficient...
Animal Legal Defense Fund v. FDA, No. C-12-04376, 2013 WL 4511936 (N.D. Cal. Aug. 23, 2013) (Laporte, Chief Magistrate J.)
- Exemption 4: The court concludes that defendant "has shown a likelihood of substantial competitive harm due to underbidding for at least some of the redacted information." Defendants redacted information concerning "(1) total hen population; (2)...
Barouch v. DOJ, No. 12-0129, 2013 WL 4494686 (D.D.C. Aug. 23, 2013) (Berman Jackson, J.)
- Procedural: The court grants Treasury's motion for summary judgment. Plaintiff did not "produce any evidence that he submitted a FOIA or Privacy Act request to Treasury, let alone a copy of the request itself to the court." "[T]here is no genuine dispute that no...
ACLU of Mich. v. FBI, No. 12-2536, 2013 WL 4436533 (6th Cir. Aug. 21, 2013) (Boggs, J.)
- Exemption 7A: The Sixth Circuit holds that the FBI properly invoked Exemption 7(A) to withhold maps, intelligence notes, program assessments and electronic communications pertaining to "the FBI's use of race and ethnic...
Cunningham v. DOJ, No. 13-188, 2013 WL 4446795 (D.D.C. Aug. 21, 2013) (Collyer, J.)
- Proper Party Defendants & Jurisdiction: The court dismisses the claims brought against the individual federal employee defendants named in the suit. "[I]n FOIA cases, individual federal employees are not proper parties; only agencies in the ex...
Freeman v. Bennett, No. 5:12-CT-3147-FL, 2013 WL 4460916 (E.D.N.C. Aug. 20, 2013) (Flanagan, J.)
- Proper Party Defendants: The court notes that plaintiff has not shown good cause for why he has failed to obtain service on various defendants. Plaintiff stated that he filed FOIA "request to obtain their proper names and addresses." However, the court notes that FOIA "does not...
Watters v. DOJ, No. 10-CV-270-GKF-PJC, 2013 WL 4482968 (N.D. Okla. Aug. 20, 2013) (Frizzell, Chief J.)
- Adequacy of Search: The court holds that defendants conducted a reasonable and adequate search for records. The court finds that the "searches described in the Declarations were reasonably calculated to uncover all relevant documents." The FBI located "only one file maintained by the Oklahoma...