Davis v. Federal Bureau of Investigation
770 F. Supp. 2d 93
D.D.C.2011Background
- FOIA action against FBI, EOUSA, DOJ, IRS, and other agencies for records pertaining to plaintiff; defendants moved for summary judgment or dismissal; IRS produced a substantive response earlier and later provided some records; agencies withheld parts under various FOIA exemptions; plaintiff alleges records exist but agencies dispute responsiveness and completeness; courts evaluate exemptions, segrega-bility, and searches; EOUSA and FBI produced large productions with redactions/withholdings; DOJ withheld several documents but some denied or deemed improper; IRS found no responsive records for most years and located one 2003 entry and suggested transcripts; court assesses adequacy of searches and appropriateness of withholding exemptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FBI properly withholds documents under FOIA exemptions | Davis contends FBI records should be released. | FBI asserts exemptions 2,3,6,7(C), 7(D), 7(E) justify withholding. | FBI withholding of 17 pages is unresolved; motion denied without prejudice as to withholding. |
| Whether EOUSA properly withholds records under exemptions 5 and 7(C) | EOUSA should release more material. | Most records are protected as attorney work product or third-party privacy; no meaningful segregable material. | EOUSA properly withheld documents in their entirety under exemptions 5 and 7(C). |
| Whether DOJ properly withholds certain documents; and which are properly withheld | DOJ withholdings are inadequately justified; documents should be released. | Some documents protected as attorney work product or deliberative material; others lack sufficient justification. | DOJ withholding of four documents found improper; DOJ denied for most, except Memorandum dated April 7, 2005 (attorney work product) upheld; order grants in part. |
| Whether IRS search and response were adequate | IRS search may have missed responsive records; more searching required. | IRS searched IDRS and related systems; found no responsive returns for most years; advised on 2003 substitutes. | IRS search not adequately demonstrated; summary judgment denied as to IRS search. |
Key Cases Cited
- Iturralde v. Comptroller of Currency, 315 F.3d 311 (D.C. Cir. 2003) (adequacy of FOIA search hinges on search method, not fruits of the search)
- Campbell v. U.S. Dep't of Justice, 164 F.3d 20 (D.C. Cir. 1998) (express or implied confidentiality in 7(D) analyzed)
- Valencia-Lucena v. U.S. Coast Guard, 180 F.3d 321 (D.C. Cir. 1999) (reasonableness of searches and procedures for FOIA responses)
- Sussman v. U.S. Marshals Service, 494 F.3d 1106 (D.C. Cir. 2007) (segregability and exemptions analysis in FOIA)
- Goland v. CIA, 607 F.2d 339 (D.C. Cir. 1978) (need for detailed justification of exemptions; de novo review standard)
- Billington v. U.S. Dep't of Justice, 233 F.3d 581 (D.C. Cir. 2000) (exemption 7(E) not for well-known, commonplace techniques)
- National Archives and Records Administration v. Favish, 541 U.S. 157 (U.S. 2004) (public interest in privacy vs. disclosure under 7(C))
- Tax Analysts v. IRS, 410 F.3d 715 (D.C. Cir. 2005) (application of statutory exemptions to tax records)
- Loving v. Dep't of Defense, 550 F.3d 32 (D.C. Cir. 2008) (limits of Exemption 5; civil discovery standards)
- McGehee v. Central Intelligence Agency, 697 F.2d 1095 (D.C. Cir. 1983) (agency must disclose responsive records with segregation unless exempt)
- Milner v. Dep't of the Navy, 131 S. Ct. 1259 (2011) (Supreme Court on high 2 and exemptions interpretation)