Kourani v. DOJ, No. 24-0857, 2024 WL 1765693 (S.D.N.Y. Apr. 22, 2024) (Taylor Swain, C. J.)

Kourani v. DOJ, No. 24-0857, 2024 WL 1765693 (S.D.N.Y. Apr. 22, 2024) (Taylor Swain, C. J.)

Re:  Plaintiff’s argument that “‘confidential information’” concerning himself was “‘illegally’” released

Disposition:  Dismissing plaintiff’s action

• Reverse FOIA:  The court relates that “‘[t]he proper avenue for enjoining an agency from disclosing documents pursuant to FOIA is a reverse FOIA action [under the [Administrative Procedure Act (“APA”)]], which would require the [p]laintiff[ ] to prove that the government’s disclosure would be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.’”  “Plaintiff asserts a ‘reverse FOIA’ claim because the DOJ allegedly illegally ‘released . . . confidential information’ . . . among the relief he seeks is a declaration by this Court that the ‘confidential information’ at issue ‘is protected by FOIA [e]xemptions’ from public disclosure . . . .”  “He also asks the Court to ‘enjoin the DOJ and others . . . from disclosing the information at issue.’”  “Such a claim is essentially a ‘reverse FOIA’ claim under the APA.”  “As discussed above, however, the DOJ did not disclose the information at issue; this court did when it unsealed Plaintiff’s criminal complaint and/or criminal indictment.”  “Because a ‘reverse FOIA’ claim is actually a claim under the APA, the actions of this court are not subject to judicial review under the APA, and the DOJ is the sole defendant in this action, the Court dismisses Plaintiff’s ‘reverse FOIA’ claim under the doctrine of sovereign immunity, and consequently, for lack of subject matter jurisdiction.”