Garrett v. Morgan Cnty. Sheriff’s Off., No. 23-2011, 2024 WL 3361462 (N.D. Ohio July 10, 2024) (Barker, J.)

Garrett v. Morgan Cnty. Sheriff’s Off., No. 23-2011, 2024 WL 3361462 (N.D. Ohio July 10, 2024) (Barker, J.)

Re:  Request made to Ohio National Guard concerning shooting death

Disposition:  Ordering plaintiff to serve the Ohio National Guard Defendants in accordance with Fed. R. Civ. P. 4(i)

• Procedural Requirements, Entities Subject to the FOIA:  The court relates that “the [Ohio National Guard] Defendants argue that the [Ohio National Guard] is a federal agency under FOIA . . . , even when it is not activated for federal duty.”  “The [Ohio National Guard] Defendants maintain that the [Ohio National Guard] is, therefore, a federal actor for purposes of Plaintiff’s FOIA claim and must be served in accordance with Rule 4(i).”  “Plaintiff does not acknowledge or address the [Ohio National Guard] Defendants’ argument the [Ohio National Guard] is a federal actor for purposes of FOIA.”  The court finds that “[c]ourts interpreting this language have concluded that FOIA’s definition of the term ‘agency’ extends to federally recognized National Guard units at all times.”  “In light of the above, and given Plaintiff’s lack of opposition, the Court agrees that Defendant [Ohio National Guard] is a federal agency for purposes of Plaintiff’s FOIA claim under 5 U.S.C.  552.”  “Accordingly, the Court finds that Plaintiff is required to serve Defendant [Ohio National Guard] in accordance with Fed. R. Civ. P. 4(i).”  “Plaintiff[] must do so by no later than ninety (90) days of the date of this Order.”