Court Decisions

Re: First party request for records on self Disposition: Granting EOUSA's motion for summary judgment in part with regard to adequacy of search; ordering EOUSA to send copies of previously released records to plaintiff at no cost

• Adequacy of search: The court concludes that EOUSA conducted a reasonable and adequate search for records. It notes that EOUSA properly construed plaintiff's request...

Re: Request for records concerning "recent changes in federal immigration enforcement priorities and their implementation in Houston, Texas" Disposition: Granting DHS's renewed motion for summary judgment in part and finding that DHS properly withheld information from seventeen documents pursuant to the deliberative process privilege and from two documents pursuant to the attorney-work product...

Re: Request for all records concerning sixty-three categories of records pertaining to "waivers the Department of State may have granted to citizens, corporations, or other countries to trade with Iran despite very tough sanctions against that country to prevent its development of nuclear missiles." Disposition: Granting defendants' motion to dismiss because the records requested are not...

Re: Appellant's attempt to amend his complaint to include FOIA claims regarding his request for evidence concerning his criminal case Disposition: Reversing and remanding district court determination that plaintiff could not amend his complaint

• Jurisdiction/Amendment of Complaint: The court holds that the district court erred in denying appellant "the opportunity to amend his complaint at least...

Re: Request for records concerning the agent involved in plaintiff's arrest Disposition: Granting defendant's motion for summary judgment

• Exemption 7C: The court rejects plaintiff's argument that disclosure of the information requested concerning the agent involved in his arrest [i.e. verification of the agent's employment by ATF at the time of plaintiff's trial] will serve the public interest...

Re: Request for a copy of report created by a consultant in response to an employee's allegations that his workplace environment was hostile Disposition: Granting defendant's motion for summary judgment in part

• Jurisdiction:As an initial matter, the court decides that the only claim properly before it is Public Employees for Environmental Responsibility's [PEER's] FOIA claim. The employee...

Disposition: Dismissing plaintiff's FOIA claim

• Litigation Considerations: Plaintiff's FOIA claim should be dismissed because she acknowledged that "she is 'no[t] seeking damages as to the Freedom of Information Act [claim].'"

Re: First party request for records on self Disposition: Dismissing plaintiff's action without prejudice as frivolous for purposes of 28 U.S.C. § 1915(e)

• Exemption 7E: The court finds that "on the face of plaintiff's complaint and its exhibits, there is no violation of FOIA." The court notes that the letter attached to the complaint shows that plaintiff's request to the FBI was denied under...

Re: Request for records concerning vacancy announcements for specified time period Disposition: Granting defendant's motion for summary judgment

• Personal knowledge requirement of declarant: The court rejects plaintiff's arguments that Interior provided a defective declaration because of "personal knowledge, competency, and hearsay objections." The court finds that Interior's declarant...

Re: First party request for laboratory reports related to plaintiff's conviction Disposition: Granting defendants' motion to dismiss for lack of subject matter jurisdiction because the responsive records were already produced thus making plaintiff's claims moot

• Proper Party Defendant: The court dismisses plaintiff's claims against DEA's chief of the Freedom of Information Operations Unit...