Gahagan v. USCIS, No. 14-1268, 2014 WL 4930479 (E.D. La. Oct. 1, 2014) (Barbier, J.)

Gahagan v. USCIS, No. 14-1268, 2014 WL 4930479 (E.D. La. Oct. 1, 2014) (Barbier, J.)

Re: Request for immigration records concerning plaintiff's client

Disposition: Denying plaintiff's motion for attorneys' fees and costs

• Attorney Fees, Eligibility:  The court holds that "[p]laintiff has failed to show that he 'substantially prevailed' in his lawsuit, and thus is not entitled to attorneys' fees."  The court explains that "[p]laintiff has failed to show that the filing of his claim was either necessary for or causative of USCIS's decision to disclose the records."  "While the Court has sympathy for Plaintiff's predicament, and does not condone USCIS's delay in responding to FOIA requests, mere evidence of USCIS's administrative burdens is not sufficient for Plaintiff to prove that the filing of his lawsuit necessitated and caused the ultimate disclosure of his client's records."