Campbell v. United States Department of Justice
133 F. Supp. 3d 58
D.D.C.2015Background
- Campbell sues DOJ Criminal Division and OIP officials for failure to disclose FOIA/Privacy Act records; case arises from a May 10, 2013 FOIA request seeking Title III interception letters and related documents; records located in two systems were withheld; defendant moved for summary judgment; court follows reasoning of four prior WD DC cases with nearly identical issues; court grants summary judgment for defendant and dismisses OIP and individual defendants; search deemed reasonable and exemptions upheld.
- Plaintiff’s FOIA request targeted a specific phone number; records responsive would reside in the Title III tracking system and the Criminal Division email archive; initial agency response relied on exemptions, and later a search occurred only after suit; plaintiff contends broader search or additional databases should have been reviewed.
- Defendant argues the search was reasonably designed and conducted in the two identified systems; the two searches were adequate to locate responsive records; actions complied with FOIA and Privacy Act standards; exemptions applied substantively to all withheld documents.
- Court finds the search reasonable given the two likely repositories; no exhaustion defense despite delay; plaintiff’s arguments to broaden search are rejected; Privacy Act considerations align with FOIA handling; segregability not required for work-product–protected documents; summary judgment granted.
- Conclusion: DOJ’s Motion for Summary Judgment granted; OIP and individual defendants dismissed as parties; related cases noted for relatedness and consistent outcomes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of the search under FOIA and Privacy Act | Campbell argues the search was inadequate and broader systems should have been searched. | Defendant asserts searches of Title III tracking system and Enterprise Vault were reasonable and sufficient. | Search deemed adequate; summary judgment granted. |
| Applicability of FOIA Exemptions | Campbell contends exemptions do not justify full withholding. | All withheld materials fall within Exemption 5 (work-product) and related exemptions. | Exemption 5 upheld; documents properly withheld. |
| Privacy Act Exemption (j)(2) application | Campbell challenges use of (j)(2) to exempt records. | Title III tracking system clearly exempt; email archive treated as non-system of records thus not subject to Privacy Act disclosures. | Exemption (j)(2) applied to tracking system; email archive not a system of records; Privacy Act satisfied. |
| Segregability of non-exempt material | If any non-exempt information exists, it should be released after redaction. | Fully protected work-product documents require no segregation. | No segregability required; records fully protected. |
Key Cases Cited
- Ellis v. Dep’t of Justice, 110 F. Supp. 3d 99 (D.D.C. 2015) (withholding upheld for wiretap-related materials; reliance on work-product protections)
- Gordon v. Dep’t of Justice, 118 F. Supp. 3d 176 (D.D.C. 2015) (privacy act exemptions; searches and exemptions for Title III materials)
- Ellis, 110 F. Supp. 3d 99 (D.D.C. 2015), 110 F. Supp. 3d 99 (D.D.C. 2015) (reaffirmed work-product protection and search adequacy in similar context)
- Gilliam v. Dep’t of Justice, 128 F. Supp. 3d 134 (D.D.C. 2015) (dismissed comparable FOIA/Privacy Act challenges to Title III records)