Warren v. Colvin, No. 13-2536, 2014 WL 943208 (2nd Cir. Mar. 12, 2014) (per curiam)

Warren v. Colvin, No. 13-2536, 2014 WL 943208 (2nd Cir. Mar. 12, 2014) (per curiam)

Re: Request for records concerning plaintiff's late father's disability status

Disposition: Vacating district court's denial of plaintiff's request for litigation costs; remanding case to district court with instructions to award plaintiff $350 in litigation costs

• Attorney Fees, Eligibility:  The Second Circuit holds that, "[b]ecause FOIA now provides for the recovery of litigation costs where an agency voluntarily complies with a records request, the district court erred in denying [plaintiff's] claim for costs."  Additionally, the Second Circuit explains that "[plaintiff] only seeks reimbursement of the $350 fee he paid to file this action, an amount that the government concedes he may recover."  The Second Circuit "therefore remand[s] the case to the district court with instructions to award [plaintiff] the costs he sought below."