FOIA Advisor

Court opinions issued Sept. 24, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Lamb v. Millennium Challenge Corp. (D.D.C.) -- deciding that: (1) MCC and State Department performed adequate searches for records concerning plaintiff’s background investigation; (2) State Department properly relied on Exemption 6 to withhold third party’s social security number; (3) Department of Defense properly withheld third-party records pursuant to Exemptions 6 and 7(C), but it did not provide enough information to permit evaluation of agency's use of Exemption 7(D); (4) although evidence showed that MCC had delivered responsive records to plaintiff, agency would be directed to provide another copy to plaintiff “out of an abundance of caution and to promote judicial economy.”

Aguiar v. DEA (D.D.C.) -- on remand from D.C. Circuit, concluding that: (1) agency demonstrated that it performed reasonable search for field office records, but that it failed to pursue potential lead to missing documents; (2) agency demonstrated that GPS mapping software used during investigation of plaintiff was not an agency record; and (3) agency was not required to create map images that plaintiff was unable to access from prison.

Middlebrook v. DOJ (D.D.C.) -- finding that Executive Office for United States performed reasonable search for one document from plaintiff’s criminal case file.

Khine v. DHS (D.D.C.) -- ruling that: (1) plaintiff had standing to litigate whether “DHS has a policy of sending ‘computer-generated,’ ‘template’ letters in response to FOIA requests from asylum applicants seeking disclosure of their assessments”; (2) agency’s response letter was sufficiently detailed to trigger plaintiff’s requirement to file administrative appeal before filing lawsuit.

Summaries of all published opinions issued since April 2015 are available here.