Reep v. DOJ, No. 18-5132, 2018 WL 6721099 (D.C. Cir. Dec. 18, 2018) (per curiam)

Reep v. DOJ, No. 18-5132, 2018 WL 6721099 (D.C. Cir. Dec. 18, 2018) (per curiam)

Re:  Request for records concerning requester, as well as records concerning two criminal cases

Disposition:  Granting government's motion for summary affirmance of district court's grant of government's motion for summary judgment

• Litigation Considerations, Statute of Limitations:  The Court of Appeals for the District of Columbia Circuit holds that "[i]t is 'beyond dispute' that the six-year statute of limitations . . . applies to [the requester's] March 2009 [FOIA] requests."
   

• Litigation Considerations, Adequacy of Search:  Responding to the requester's objection regarding a different FOIA request, the Court of appeals for the District of Columbia Circuit holds that "'the adequacy of a FOIA search is generally determined not by the fruits of the search, but by the appropriateness of the methods used to carry out the search.'"
   

• Litigation Considerations, Vaughn Index/Declaration:  The Court of Appeals for the District of Columbia Circuit holds that "[the requester] has not shown that the index was deficient."
   

• Exemption 7(C):  The Court of Appeals for the District of Columbia Circuit holds that "appellant's conclusory assertions of government misconduct do not constitute the “'compelling evidence that the agency is engaged in illegal activity' required to overcome the categorical exemption from disclosure of personal identifying information of law enforcement personnel."
   

• Litigation Considerations, "Reasonably Segregable" Obligations:  The Court of Appeals for the District of Columbia Circuit holds that, "given the absence of any record evidence to the contrary, the district court correctly applied the presumption of good faith afforded to agency affidavits in finding that the ATF produced all reasonably segregable material."