890 F. Supp. 2d 55
D.D.C.2012Background
- Cooper, a Bahamian citizen, filed FOIA requests to DEA, Customs, ATF, and Marshals Service for records concerning his arrest and prosecution.
- Initial district court ruling (May 28, 2003) granted summary judgment to defendants for compliance with FOIA; Circuit later vacated and remanded focused on Marshals Service search adequacy.
- Circuit’s April 23, 2004 remand held the Marshals Service’s search potentially inadequate due to missing cashier’s checks and urged liberal construction of requests.
- On remand, Judge Jackson dismissed in 2004 after cashiers’ checks were produced in court proceedings; Judge Urbina denied reconsideration in 2005.
- Circuit’s December 28, 2005 remand instructed reevaluation of Marshals Service search and consideration of redactions; Marshals Service provided a supplemental declaration detailing search steps.
- In 2012, the court grants in part and denies in part the renewed summary judgment motions, addressing search adequacy and redactions, with discovery denied and Exemption 2/7(C) to be reconsidered later.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of the Marshals Service search for records | Cooper contends search was inadequate due to missing seized asset records | Marshals Service conducted searches with leads; initial omission of seized assets reasonable | Search deemed reasonable; summary judgment for defendants granted on adequacy |
| Redactions under FOIA Exemptions 2 and 7(C) | Cooper disputes redactions and seeks review of exemptions | Exemptions 2 and 7(C) properly applied; Milner changes not fully addressed here | Court defers ruling on Exemption 2 and 7(C) due to ongoing developments; no final determination at this time |
Key Cases Cited
- Steinberg v. DOJ, 23 F.3d 548 (D.C. Cir. 1994) (standard for adequacy of FOIA search)
- Weisberg v. DOJ, 705 F.2d 1344 (D.C. Cir. 1983) (agency bears burden to show no genuine issue of material fact)
- Iturralde v. Comptroller of Currency, 315 F.3d 311 (D.C. Cir. 2003) (reasonableness of search methods, not fruits of search)
- SafeCard Servs., Inc. v. SEC, 926 F.2d 1197 (D.C. Cir. 1991) (presumption of good faith for agency affidavits; countervailing evidence allowed)
- Nation Magazine v. U.S. Customs Serv., 71 F.3d 885 (D.C. Cir. 1995) (liberal construction of broad FOIA requests; pursue clear leads)
- Kowalczyk v. DOJ, 73 F.3d 386 (D.C. Cir. 1996) (agency must pursue clear and certain leads in searches)