133 F. Supp. 3d 1
D.D.C.2015Background
- Plaintiff Adolfo Correa Coss seeks notebooks used by confidential informant Guillermo Casas that allegedly record drug transactions; Coss believes they could help challenge his 1991 conviction for drug trafficking.
- Coss filed FOIA requests with the U.S. Attorney’s Office (NDIL), the FBI, and the Executive Office for U.S. Attorneys; EOUSA searched nine boxes and certified none contained the notebooks.
- Coss sued after unsatisfactory agency responses; the court previously granted summary judgment to EOUSA but ordered the FBI to search for the notebooks.
- The FBI conducted a full-text search of its Central Records System (CRS) via the Electronic Case File application for terms like "Guillermo Casas notebook" and found nothing; FBI submitted a detailed declaration explaining scope and methods.
- Coss argued the FBI should have located chain-of-custody records and contacted prosecutors/clerks; the court held FOIA does not require the FBI to retrieve records held outside the agency.
- The court found the FBI’s search reasonable and adequate and granted the FBI’s renewed motion for summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of FBI search under FOIA | FBI failed to locate notebooks; should have found chain-of-custody and contacted prosecutor/records clerk | FBI performed full-text search of CRS (ECF) where relevant records would reside; no results found; prosecutors/clerks are outside FBI custody | Search was reasonable and adequate; summary judgment for FBI |
| Scope of requested records | Coss originally sought notebooks and other info; in amended complaint limited to notebooks | FBI limited search to notebooks as complaint narrowed request | Court enforces complaint scope — only notebooks sought |
| Obligation to search non-agency custodians | FBI must locate records even if held by prosecutors/clerks (citing Valencia-Lucena) | FOIA only permits ordering agencies to produce agency records; non-FBI personnel not within FBI’s control | FBI not required to search or compel records held outside agency |
| Proper reliance on agency affidavits for summary judgment | Declarations insufficient or not detailed enough | Hardy declaration described CRS, search terms, and methods in reasonable detail | Agency affidavits sufficient; court may decide FOIA case on such declarations |
Key Cases Cited
- Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard)
- Steinberg v. U.S. Dep’t of Justice, 23 F.3d 548 (agency bears burden to show adequate FOIA search)
- Nat’l Ass’n of Home Builders v. Norton, 309 F.3d 26 (strong presumption in favor of disclosure under FOIA)
- Dep’t of State v. Ray, 502 U.S. 164 (FOIA disclosure presumption principles)
- Military Audit Project v. Casey, 656 F.2d 724 (agency affidavits may suffice when detailed and uncontroverted)
- Weisberg v. Dep’t of Justice, 745 F.2d 1476 (adequacy of FOIA search judged by reasonableness)
- Truitt v. Dep’t of State, 897 F.2d 540 (search must be reasonably calculated to uncover relevant documents)
- Perry v. Block, 684 F.2d 121 (agency affidavits should explain search scope and method in reasonable detail)
- Iturralde v. Comptroller of the Currency, 315 F.3d 311 (adequacy judged by search methods, not fruits)
- Valencia-Lucena v. U.S. Coast Guard, 180 F.3d 321 (agency should contact last-known internal custodian after exhausting ordinary avenues)
- Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136 (court cannot order production of records no longer in agency possession)
- United States v. Nava-Salazar, 30 F.3d 788 (describing DEA’s recovery of notebooks in Casas investigation)