Acosta v. Federal Bureau of Investigation
946 F. Supp. 2d 47
D.D.C.2013Background
- Pro se plaintiff Samuel Acosta, a federal prisoner, filed FOIA requests for records about himself from multiple agencies.
- Defendants include ICE, FBI, EOUSA, DEA, ATF, DHS, DOJ’s Criminal Division, USAO-SDIA, Des Moines PD, and Virgin Islands PD.
- Court treats motion as dismissal/summary judgment for exhaustion defenses; grants for all but EOUSA and FBI due to delay tainting exhaustion.
- Plaintiff’s pleaded requests center on Criminal Case 4:07-CR-00083-RP-1, with three identifiable FOIA requests.
- Key issues involve whether pre-suit administrative exhaustion was satisfied for each agency and the effect of delays or transfers.
- Court orders potential show-cause on keeping non-federal police departments as parties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Acosta exhaust for ICE? | Exhaustion not satisfied due to delay in determination. | ICE timely responded within 20 days after tolls; exhaustion required. | ICE timely; exhaustion not satisfied; dismissal for ICE. |
| Did Acosta exhaust for DEA? | No adequate appeal filed to DEA. | DEA response within time; proper to dismiss for lack of appeal. | DEA dismissal proper. |
| Did Acosta exhaust for EOUSA/FBI? | Transfer and long delay waive exhaustion requirement. | Need timely 'determination' or proper appeal remains. | Exhaustion waived for FBI/EOUSA; suit allowed; Vaughn index required if exemptions asserted. |
| Should Treasury, ATF, DHS, DOJ Criminal Division, USAO-SDIA be dismissed? | Requests encompass several agencies; still potentially viable. | Some entities lack proper FOIA requests or proper party status. | Dismissal appropriate for Treasury, ATF, DHS, DOJ-Crim Div, and USAO-SDIA. |
Key Cases Cited
- Hidalgo v. FBI, 344 F.3d 1256 (D.C. Cir. 2003) (exhaustion dictates district court review when agency timely determines)
- Oglesby v. U.S. Dep’t of the Army, 920 F.2d 57 (D.C. Cir. 1990) (exhaustion serves agency’s opportunity to develop factual record)
- Ryan v. Bentsen, 12 F.3d 245 (D.C. Cir. 1993) (premature court intervention avoided by considering agency record)