935 F. Supp. 2d 86
D.D.C.2013Background
- Charles seeks records under FOIA related to body armor effectiveness and fatal torso wounds in service members in Iraq/Afghanistan (2006–2007) from AFIP/OAFME/DOD; parties cross-move on exemptions.
- AFIP identified 82 autopsy reports and 7 body armor sheets as responsive but withhold them; issues center on exemptions and segregability.
- Judge Urbina previously held the narrowed request moot, found the search inadequate, and ordered supplemental briefing on exemptions.
- Milner v. Navy (2011) abrogated Crooker, affecting Exemption 2 and leading to a renewed but unresolved summary judgment posture.
- Defendants now withhold preliminary autopsy reports (Exemption 5) and final autopsy/in-theater records (Exemption 6); plaintiff seeks release with redactions where appropriate.
- Court ultimately grants in part and denies in part: denies as to preliminary reports under Exemption 5 and Exemption 6; grants as to final reports/in-theater records, to be released in redacted form by a deadline, with requests for a supplemental Vaughn index.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exemption 5 applicability to preliminary autopsy reports and segregability | Charles argues factual material should be severed and released | Defendants contend preliminary reports are predecisional and deliberative | Exemption 5 applies to preliminary reports; segregability denied without prejudice |
| Exemption 6 applicability to final autopsy and in-theater records | Want disclosure with redactions; public interest shown | Disclosures would invade privacy of decedents' families | Exemption 6 not sufficient to withhold; material to be released with redactions |
| Overall adequacy of defendants’ summary judgment posture | Defendants withheld non-exempt material; search adequate | Exemptions justified; proper withholding | Judgment denied without prejudice on preliminary reports; partial grant for final materials |
Key Cases Cited
- Milner v. Department of Navy, 131 S. Ct. 1259 (2011) (abrogated Crooker and affected Exemption 2 analysis)
- Island Film, S.A. v. Dep’t of the Treasury, 869 F. Supp. 2d 123 (D.D.C. 2012) (requires detailed, specific descriptions for Vaughn indices)
- Mead Data Cent., Inc. v. U.S. Dep’t of the Air Force, 566 F.2d 242 (D.C. Cir. 1977) (requires detailed, document-specific justification for withholding)
- Favish v. Dep’t of Justice, 541 U.S. 157 (2004) (privacy interests of deceased relatives in death-related images; Exemption 7(C) analysis relevance)
- U.S. Dep’t of Justice v. Reporters Comm. for Freedom of Press, 489 U.S. 749 (1989) (public interest balance in FOIA disclosures)