139 F. Supp. 3d 287
D.D.C.2015Background
- FOIA plaintiff Sean Fowlkes seeks records from EOUSA, BATFE, and DEA.
- Court considers Defendant’s Second Renewed Motion for Summary Judgment.
- Five issues remain after prior rulings: EOUSA search, BATFE Exemption 3, judge’s name, Exemption 7(E), and segregability.
- BATFE withholds a firearms trace report under Exemption 3 due to funding restrictions on disclosure.
- Court holds EOUSA search reasonable; BATFE Exemption 3/7(E) valid; judge’s name disclosure denied only for 7(C) issues; overall relief granted accordingly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonableness of EOUSA search for 12-1689 | Fowlkes contends search was inadequate | EOUSA shows reasonable, non-exhaustive search | Search reasonable under FOIA standards |
| BATFE Exemption 3 and trace report | Trace data should be public | Funding restrictions immunize disclosure under Exemption 3 | Trace report properly withheld under Exemption 3 |
| Disclosure of judge’s name under Exemption 7(C) | Name should be public | Privacy outweighs public interest under 7(C) | Judge’s name not properly withheld; disclose; 7(C) not justified |
| Exemption 7(E) application to TECS codes and file numbers | Not contested | Codes reveal investigative techniques | Exemption 7(E) properly applied to TECS codes and file numbers |
| Segregability of redacted records | Released all reasonably segregable information | All reasonably segregable information released except judge’s name issue; others proper |
Key Cases Cited
- Weisberg v. Dep’t of Justice, 705 F.2d 1344 (D.D.C. 1983) (reasonableness standard for FOIA searches)
- Ancient Coin Collectors Guild v. U.S. Dep’t of State, 641 F.3d 504 (D.C. Cir. 2011) (search adequacy and reasonable efforts standards)
- Miller v. U.S. Dep’t of State, 779 F.2d 1378 (8th Cir. 1995) (non-exhaustive search permitted; not exhaustive)
- Iturralde v. Comptroller of the Currency, 315 F.3d 311 (D.C. Cir. 2003) (failure to find one document does not render search inadequate)
- DOJ v. Reporters Comm. for Freedom of the Press, 489 U.S. 749 (1989) (public interest in disclosure balances with privacy/other concerns)