Cunningham v. United States Department of Justice
40 F. Supp. 3d 71
D.D.C.2014Background
- Cunningham, a pro se plaintiff, sues DOJ and components under FOIA for records about a confidential informant related to a 2005 home search.
- Plaintiff’s requests targeted FBI, EOUSA, the Marshals Service, and OJP/OVC, seeking documents about a North Carolina informant.
- Requests varied in scope; some sought specific investigative reports, others broad materials from multiple agencies.
- DOJ component responses denied or found no responsive records; appeals were filed with OIP, which issued partial or supportive findings.
- The court addressed whether the searches were adequate and whether exemptions permitted withholding; the matter was decided on summary judgment.
- The court granted DOJ summary judgment, finding searches adequate where conducted and exemptions applicable, and denied Cunningham’s cross-motion as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FBI and OVC searches were adequate for responsive records | Cunningham contends searches were incomplete or evasive | FBI/OVC conducted reasonable searches in CRS and cross-referenced systems | Yes; searches were adequate; summary judgment for DOJ on these requests. |
| Whether EOUSA/Marshals Service searches were required and productive | Requests should yield responsive records | Searches would be futile or records exempt | EOUSA/Marshals Service withholding appropriate; summary judgment for DOJ on these requests. |
| Whether Exemption 7(C) permits withholding of confidential informant information | Disclosure sought for public-interest purposes | Privacy interests outweigh public interest; records exempt | Exemption 7(C) applies; withholding sustained. |
| Segregability of nonexempt material | There could be nonexempt material | No responsive records located; segregation not applicable | No segregable information to disclose; no release. |
Key Cases Cited
- SafeCard Servs., Inc. v. SEC, 926 F.2d 1197 (D.C. Cir. 1991) (agency bears burden to show reasonable search; deference to declarations)
- Truitt v. Dep’t of State, 897 F.2d 540 (D.C. Cir. 1990) (reasonableness of search; need not locate every document)
- Oglesby v. U.S. Dep’t of Army, 920 F.2d 57 (D.C. Cir. 1990) (reasonableness standard for FOIA searches; no obligation to search all systems)
- Goland v. CIA, 607 F.2d 339 (D.C. Cir. 1978) (requirement to show exempted documents or rationale for nonproduction)
- Rose v. Dept. of Air Force, 425 U.S. 352 (S. Ct. 1976) (Exemption 7(C) is narrowly construed; public interest must outweigh privacy)
- Nation Magazine v. U.S. Customs Serv., 71 F.3d 885 (D.C. Cir. 1995) (FOIA public-interest balancing; privacy vs. disclosure)