859 F. Supp. 2d 7
D.D.C.2012Background
- Plaintiff filed FOIA request to DOL for all documents related to a Form ETA-750 FLCA filed on her behalf.
- Defendant responded that records did not presently exist and later reaffirmed a “no records” finding after a second search.
- Two agency databases were searched (Permanent Backlog System and Paradox) using specified search terms to locate responsive records.
- Defendant concluded records likely destroyed under Records Disposition Schedule or never filed, with possible transfer to NARA if a hard copy existed.
- Plaintiff challenged the search as inadequate and argued additional search terms (e.g., Fitzgerald) should have been used; defendant maintained searches were reasonably tailored and limited to two databases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search was a reasonable FOIA search | Ahanmisi argues search was inadequate for missing terms | DOL contends search was reasonable and limited to two databases | Yes; search reasonably calculated to uncover documents |
Key Cases Cited
- Weisberg v. U.S. Dep’t of Justice, 705 F.2d 1344 (D.C. Cir. 1983) (requirements of a reasonable search for FOIA)
- Goland v. CIA, 607 F.2d 339 (D.C. Cir. 1978) (agency need not reorganize its filing system; reasonable efforts suffice)
- Founding Church of Scientology of Wash., D.C. v. N.Y., 610 F.2d 824 (D.C. Cir. 1979) (quality of search depends on circumstances; not every system must be searched)
- Oglesby v. U.S. Dep’t of Army, 920 F.2d 57 (D.C. Cir. 1990) (agency may limit search to systems likely to contain responsive records)