Hillier v. CIA, No. 19-5339, 2020 U.S. App. LEXIS 12564 (D.C. Cir. Apr. 17, 2020) (per curiam)
Hillier v. CIA, No. 19-5339, 2020 U.S. App. LEXIS 12564 (D.C. Cir. Apr. 17, 2020) (per curiam)
Re: Request for records concerning "'involuntary outpatient treatment'" that "'seemed to have Federal cooperation'"
Disposition: Granting government's motion for summary affirmance of district court's grant of government's renewed motion for summary judgment, denial of requester's motion for discovery and denial of requester's motion to take judicial notice
- Litigation Considerations, Adequacy of Search: The Court of Appeals for the District of Columbia Circuit holds that "[a] search for records under . . . the Freedom of Information Act is adequate if it is 'reasonably calculated to uncover all relevant documents,' and an agency may demonstrate the adequacy of its search by submitting a 'reasonably detailed affidavit, setting forth the search terms and the type of search performed, and averring that all files likely to contain responsive materials (if such records exist) were searched.'" "The district court correctly concluded that the declarations submitted by the [government] agencies were sufficiently specific to satisfy this burden." "[The requester] has not shown that those affidavits were the product of bad faith."
- Exemptions 1 & 3, Glomar: The Court of Appeals for the District of Columbia Circuit holds that "[t]he district court also correctly concluded that the Central Intelligence Agency's refusal to either confirm or deny the existence of classified records responsive to appellant's request was justified pursuant to 5 U.S.C. § 552(b)(1) and (3) . . . ."