Georgacarakos v. Federal Bureau of Investigation
908 F. Supp. 2d 176
D.C. Cir.2012Background
- FOIA plaintiff seeks all FD-302s related to the Anderson murder investigation; FBI produced records but withheld some under exemptions.
- Plaintiff was convicted of second-degree murder for the 1996 prison stabbing of Randall Scott Anderson; sentence later reduced on appeal.
- FBI located and produced responsive records from main file 90A-PH-80620, with some pages withheld.
- OIP remanded the 19 fully withheld pages for partial disclosure; FBI’s determination otherwise affirmed.
- Court reviews FBI’s search, exemptions asserted (Exemption 3, Exemption 7(C), Exemption 7(D)), and segregability, granting summary judgment to the FBI.
- Procedural posture: defendant moved for summary judgment; court grants it after evaluating search adequacy and applicability of FOIA exemptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the FBI’s search was reasonably calculated to uncover all responsive records | Georgacarakos | FBI conducted CRS searches using ACS, identified all 302s | Yes; search adequate |
| Whether Exemption 3 applies to disclosed grand jury materials | Exemption 3 is improperly invoked to withhold needed information | Disclosure would reveal grand jury process and secrets | Yes; Exemption 3 applies |
| Whether Exemptions 7(C) and 7(D) justify withholding | Withheld information contains no privacy concerns | Privacy and confidentiality interests outweigh disclosure; sources may be confidential | Yes; exemptions properly applied |
| Whether segregability requires disclosure of any non-exempt portions | Non-exempt portions exist; should be released | No non-exempt portions remaining after redactions | Yes; all segregable information disclosed |
Key Cases Cited
- Goland v. Central Intelligence Agency, 607 F.2d 339 (D.C.Cir. 1978) (exemption analysis; withholding tied to statutory exemptions)
- Military Audit Project v. Casey, 656 F.2d 724 (D.C.Cir. 1981) (deference to agency affidavits; detailed justification required)
- Senate of the Commonwealth of Puerto Rico v. U.S. Dep’t of Justice, 823 F.2d 574 (D.C.Cir. 1987) (Exemption 3 standards; withholding for grand jury matters)
- SafeCard Servs., Inc. v. Sec. & Exch. Comm’n, 926 F.2d 1197 (D.C.Cir. 1991) (privacy interests under Exemption 7(C); categorical protection for names/identifying info)
- In re Motions of Dow Jones & Co., Inc., 142 F.3d 496 (D.C.Cir. 1998) (procedural standards for FOIA exemptions and review)