Chaplin v. Stewart
2011 U.S. Dist. LEXIS 2008
| D.D.C. | 2011Background
- FOIA action by pro se inmate Chaplin against EOUSA for records related to sentencing proceedings
- Initial demand: 2006 FOIA request seeking information underlying magistrate’s findings about witnesses and probation officer’s determinations
- EOUSA forwarded request to USAO-EDPA; 203 pages produced March 19, 2007 in response to 07-487
- May 2007 EOUSA released 202 unredacted pages relating to 28 U.S.C. §2255 motion; appeal to OIP ensued
- OIP remanded in Jan 2008 for further search; subsequent communications showed searches, remands, and confusion over scope
- November 2009 EOUSA informed fees would apply; plaintiff exhausted two hours of free search; plaintiff filed suit May 30, 2010
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether EOUSA complied with FOIA production duties | Chaplin argues EOUSA did not produce all responsive pages | EOUSA claims production may have been limited and seeks fee-based completion | Disputed, factual issues remain; not entitled to summary judgment on production scope |
| Whether EOUSA properly referred responsive records to DEA or court, violating FOIA | Stewart advised options to go to DEA/court, violating McGehee handling | Referrals are permissible if they do not cause improper withholding | Summary judgment denied due to potential improper withholding and referral conduct |
| Whether the Court should grant summary judgment to EOUSA | Record shows incomplete production and improper referrals | Agency can rely on affidavits to justify exemptions; no bad faith shown | No; material issues of fact remain; summary judgment denied |
Key Cases Cited
- McGehee v. CIA, 697 F.2d 1095 (D.C.Cir. 1983) (agency must produce records in custody; referrals allowed if proper)
- Sussman v. U.S. Marshals Service, 494 F.3d 1106 (D.C.Cir. 2007) (McGehee admonition applies to initial agency; referrals must not cause improper withholding)
- Military Audit Project v. Casey, 656 F.2d 724 (D.C.Cir. 1981) (agency may justify nondisclosure with detailed affidavits)
- Campbell v. Dep't of Justice, 164 F.3d 20 (D.C.Cir. 1998) (affidavits must describe documents and exemptions with detail)
- Vaughn v. Rosen, 484 F.2d 820 (D.C.Cir. 1973) (framework for evaluating FOIA exemptions)
- King v. Dep't of Justice, 830 F.2d 210 (D.C.Cir. 1987) (guidance on FOIA exemption applicability)