Court Decisions

Cox v. DOJ, No. 22-1202, 2024 WL 3642871 (2d Cir. Aug. 5, 2024) (Nardini, J.)

Re:  Request for report prepared by United States Senate Select Committee on Intelligence (“SSCI”) concerning CIA’s post-9/11 detention and interrogation program, as well as associated documents

Disposition:  Affirming district court’s grant in part of government’s motion for summary judgment and denial of requester’s...

Gerdes v. Neimann, No. 23-58, 2024 WL 3650140 (D. Mont. Aug. 5, 2024) (DeSoto, Mag. J.)

Re:  Request for records concerning “‘conclusive identification of an actual individual “SARS-COV-2 virus” specimen which was identified in and/or obtained directly from a used face mask or so-called “face covering”’”

Disposition:  Granting defendants’ motion to dismiss

• Procedural Requirements, Entities...

Alford v. McDonough, No. 20-02805, 2024 WL 3673311 (D.D.C. Aug. 2, 2024) (Reyes, J.)

Re:  Request for certain records concerning plaintiff

Disposition:  Granting in part and denying in part defendant’s motion for summary judgment; denying plaintiff’s motion to stay

• Litigation Considerations, Adequacy of Search; Procedural Requirements, Searching for Responsive Records:  “Although the Court...

Shapiro v. DOJ, No. 13-555, 2024 WL 3638334 (D.D.C. Aug. 1, 2024) (Moss, J.)

Re:  Requests for records concerning FBI's processing of nearly a hundred previous (or "parent") FOIA requests from plaintiffs and others

Disposition:  Ordering defendant to continue processing remaining material at issue

• Procedural Requirements, “Agency Records”:  The court notes that “[it] needs to resolve only...

Reason Found. v. BOP, No. 23-0440, 2024 WL 3617482 (D.D.C. Aug. 1, 2024) (Cooper, J.)

Re:  Request for internal reports, known as mortality reviews, created whenever inmate dies in custody to document and assess medical care inmate received

Disposition:  Granting in part and denying in part defendants’ motion for summary judgment; granting in part and denying in part plaintiff’s motion for...

Brown v. Fitzgerald, No. 23-05851, 2024 WL 3620454 (W.D. Wash. Aug. 1, 2024) (Cartwright, J.)

Re:  Request for certain tort claims filed by plaintiff

Disposition:  Dismissing plaintiff’s FOIA claims

• Procedural Requirements, Entities Subject to the FOIA; Litigation Considerations, Pleadings:  The court finds that “[defendant] works for a state agency, not a federal one, and FOIA claims may be...

N.Y. Times Co. v. FBI, No. 22-3590, 2024 WL 3638090 (S.D.N.Y. Aug. 1, 2024) (Oetken, J.)

Re:  Request for report from FBI’s Behavioral Analysis Unit (“BAU”) on phenomenon known as “Havana Syndrome”

Disposition:  Granting in part defendant’s motion for reconsideration following court’s grant in part and denial in part of parties’ cross-motions for summary judgment

• Exemption 7(E); Waiver &...

Truesdale v. U.S. Pub. Health Serv., No. 23-92, 2024 WL 3581346 (D.D.C. July 30, 2024) (Contreras, J.)

Re:  Request for records concerning plaintiff

Disposition:  Granting defendants’ motion for summary judgment; denying plaintiff’s cross-motion for summary judgment

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that “[w]hen, as here, an agency moves for...

Bermudez v. EOIR, No. 22-01032, 2024 WL 3570022 (W.D. La. July 29, 2024) (Perez-Montes, Mag. J.)

Re:  Request for plaintiff’s immigration court case

Disposition:  Denying plaintiff’s motion for attorney fees

• Attorney Fees, Eligibility:  The court relates that “[plaintiff] asserts he substantially prevailed through the latter theory – referred to by courts as the ‘catalyst theory.’”  The court...

 Daniels v. Raimondi, No. 22-4027, 2024 WL 3566637 (N.D. Ill. July 29, 2024) (Kennelly, J.)

Re:  Request for records concerning plaintiff

Disposition:  Granting defendant’s motion for summary judgment

• Litigation Considerations, Adequacy of Search:  “The Court concludes that the Secretary is entitled to summary judgment because it has demonstrated that it conducted, in good faith, a reasonably...