Court Decisions

Re: Records pertaining to possible connection between mercury-based compound used in vaccines and autism Disposition: Granting defendants' motion for summary judgment; in a prior ruling, the court limited the remaining issues to adequacy of the search for records responsive to one of four FOIA requests plaintiff submitted and segregability of information previously withheld in full under...

Re: Request for records concerning Air Force's High-Frequency Active Auroral Research Program (HAARP) Disposition: Denying, in part, defendant's motion to dismiss for lack of subject matter jurisdiction: granting, in part, defendant's motion for summary judgment

• Litigation Considerations/Subject Matter Jurisdiction:  "Plaintiff allegedly made an improper FOIA request by posing questions," but...

Re: Request for records concerning functional magnetic resonance imaging technology Disposition: Granting defendant's motion to dismiss on grounds of res judicata, collateral estoppel, and plaintiff's failure to state a claim

• Monetary Damages:  "[N]o money damages are available under FOIA."  "The sole remedy available to a requester is injunctive relief—the court can compel an agency to produce...

Re: Request for records pertaining to plaintiff Disposition: Granting defendant's motion for summary judgment

• Adequacy of the Search:  "The Court is satisfied from [defendant's] description of the filing systems searched and the search methods employed that the Criminal Division conducted a search reasonably calculated to locate responsive records."  Defendant searched the offices identified by...

Re: Five requests for access to records concerning plaintiff's parent's financial information Disposition: Granting defendant's motion to dismiss

• Proper FOIA Request:  The court finds that, "[p]laintiff failed to file a proper FOIA request that complied with the rules of the agency, nor did he perfect any of his improper requests."  The court finds that, "[p]laintiff did not include the...

Re: Request for records concerning former Marine Commandant's alleged harassing of plaintiff Disposition: Denying plaintiff's motion for recusal; granting in part and denying in part defendant's motion for summary judgment

• Adequacy of the Search:  The court finds that defendant's search was adequate.  The court notes that "despite [defendant]'s unsuccessful effort to get from [plaintiff] more...

Re: Request to the FBI for access to records concerning Occupy movement Disposition: Denying defendant’s motion for summary judgment; granting in part and denying in part plaintiff’s motion for summary judgment

• Searching for Responsive Records:  The court, finds that portions of the search were sufficient, but "orders [defendant] to provide a further supplemental declaration addressing the...

Re: Request for documents from the Transportation Security Administration relating to a flight in a specified date range as well as records concerning three named individuals and records concerning electronic storage of flight records; Request for records on self and records concerning surveillance footage from BOP; Request for records on self from the FBI Disposition: Granting defendants'...

Re: First party request for records concerning plaintiff's arrest and prosecution Disposition: Granting defendant's motion for summary judgment

• Adequacy of search:  The Court concludes that EOUSA conducted an adequate and reasonable search for responsive records.  Noting that the "'adequacy of a FOIA search is generally determined not by the fruits of the search, but by the appropriateness of...

Re: Request for records concerning access to counsel during interactions with United States Immigration and Customs Enforcement authorities Disposition: Denying defendants' motion for summary judgment

• Adequacy of search: The Court finds that defendants have not submitted enough information for the Court to determine whether an adequate search for responsive records has been conducted. ...