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Wellman v. ATF, No. 14-000348, 2018 WL 4643135 (D. Nev. Sept. 27, 2018) (Du, J.)

Date

Wellman v. ATF, No. 14-000348, 2018 WL 4643135 (D. Nev. Sept. 27, 2018) (Du, J.)

Re:  Request for internal affairs investigation regarding plaintiff

Disposition:  Granting in part and denying in part defendant's motion for summary judgment; granting in part and denying in part plaintiff's motion for summary judgment

  • Procedural Requirements:  The court holds that "to the extent that the Government released certain pages to Plaintiff, but redacted portions of those pages and cited 'non-responsive' as the reason for redaction, that was improper."  "Because the Court finds that the structure and text of FOIA itself – as interpreted by the D.C. Circuit in Immigration Lawyers – renders the practice of partial redaction while citing the reason 'non-responsive' improper, the Court finds that the Government must reexamine all documents released to Plaintiff to comply with this order."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Pleadings
Updated December 7, 2021