American Civil Liberties Union v. Federal Bureau of Investigation
2013 U.S. App. LEXIS 21502
3rd Cir.
2013

Background

  • ACLU requested from FBI records under FOIA about mapping racial/ethnic data for Newark area field offices.
  • FBI identified 782 potentially responsive pages; released 312, withheld 284, and found 186 duplicative.
  • Withheld materials include DINs, Domain Assessment, 2009 EC, and Newark Domain Maps.
  • District Court granted summary judgment for FBI on exemptions 1, 7A, 7C, 7D, 7E; in camera submission considered for Exclusion.
  • ACLU challenged lack of segregability, demanded Glomar-like in camera review for Section 552(c) issue; FBI provided declaration.
  • Appeal contested both the withholding and the in camera procedure; court affirmed District Court’s rulings.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Exemption 7A justifies withholding Collette contends 7A insufficiently specific to show harm. FBI asserts 7A applies; declarations show interference with enforcement. Yes; 7A satisfied for all withheld material.
Whether the district court had adequate basis on exemptions and segregability ACLU argues improper withholding and failure to segregate non-exempt material. FBI provided detailed Vaughn-like declarations; harms justified; segregation impracticable. District Court had adequate basis; no error in withholding or non-segregability finding.
Whether to adopt a Glomar-like procedure for 552(c) issue ACLU proposed public-like procedure to test exclusion without disclosing records. Court should not override in camera review; Glomar-like approach unnecessary. No abuse of discretion; Glomar-like procedure not required.

Key Cases Cited

  • McDonnell v. United States, 4 F.3d 1227 (3d Cir. 1993) (two-tier review in FOIA with adequacy of factual basis)
  • Abdelfattah v. United States Dep’t of Homeland Sec., 488 F.3d 178 (3d Cir. 2007) (abstention and de novo review constraints in FOIA exemptions)
  • OSHA Data/CIH Inc. v. United States Dep’t of Labor, 220 F.3d 153 (3d Cir. 2000) (agency affidavits may prove exemption applicability with reasonable specificity)
  • Phillippi v. CIA, 564 F.2d 1009 (D.C. Cir. 1976) (Glomar-like handling of exemptions in FOIA)
  • Larson v. Dep’t of State, 565 F.3d 857 (D.C. Cir. 2009) (in camera review discretion and review standards)
  • In re Grand Jury Subpoena, 223 F.3d 213 (3d Cir. 2000) (abuse-of-discretion review for in camera information handling)
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