926 F. Supp. 2d 253
D.D.C.2013Background
- Dorsey, a FOIA requester, sought surveillance-related records from EOUSA on June 16, 2011.
- EOUSA forwarded the request to USAO/FLM, locating records via the LIONS system linking defendant, district, and case data.
- A processing fee was assessed; the plaintiff paid in two installments while EOUSA released some pages and withheld others under exemptions.
- EOUSA released 63 pages in full, 2 pages in part, and withheld roughly 1500 pages under Exemptions 3, 5, 7(C), and 7(F); some records were referred to DEA and FBI.
- Plaintiff alleges the 63 full pages and 2 partially released pages were not properly disclosed and that he has not received the released documents.
- The court granted the motion for partial summary judgment, finding the search reasonable, and ordered copies of released records to be provided at no cost and the matter to be renewed on exemptions
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was EOUSA's search for responsive records reasonable? | Dorsey argues the search was inadequate. | EOUSA contends the search was reasonable and properly located all responsive records. | Search held reasonable; partial summary judgment granted on search. |
| Should the court resolve exemptions and segregability at this stage? | Plaintiff contends exemptions must be addressed now. | Exemption considerations deferred pending record review. | Court declined to resolve exemptions; ordered renewal of the summary judgment motion with opportunities for response. |
Key Cases Cited
- Students Against Genocide v. Dep’t of State, 257 F.3d 828 (D.C. Cir. 2001) (agency may be granted summary judgment if records are produced or properly exempt)
- Goland v. Cent. Intelligence Agency, 607 F.2d 339 (D.C. Cir. 1978) (standard for FOIA exemptions and agency withholding)
- Military Audit Project v. Casey, 656 F.2d 724 (D.C. Cir. 1981) (deference to agency affidavits on exemptions; nonconclusory detail required)
- Perry v. Block, 684 F.2d 121 (D.C. Cir. 1982) (reasonableness standard for agency search; affidavits acceptable evidence)
- Weisberg v. U.S. Dep’t of Justice, 705 F.2d 1344 (D.C. Cir. 1983) (adequacy of search assessed by whether searches were reasonably calculated to uncover records)