Julian C. WHITE, Plaintiff, v. UNITED STATES DEPARTMENT OF JUSTICE, Defendant
840 F. Supp. 2d 83
D.D.C.2012Background
- White filed a FOIA suit seeking documents related to a 1998 criminal case in the EDNY.
- Defendant DOJ moved for summary judgment arguing an adequate search; White cross-moved for summary judgment.
- EOUSA/USAO conducted a search via LIONS and FBI file number; no responsive records were found.
- The court evaluated the adequacy of the search and the supporting affidavits under FOIA standards.
- The court concluded the USAO’s search was reasonable and that the absence of responsive records justified granting summary judgment for DOJ.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of the search affidavit | Lowenthal's affidavit is insufficient. | Affidavit details search scope, method, and rationale; adequate. | Affidavit adequate; presumption of good faith stands. |
| Adequacy of the search itself | USAO should contact FBI to obtain docket number and search again. | No obligation to seek information from other agencies; FBI file number search was sufficient. | USAO search was adequate; DOJ granted summary judgment. |
| Obligation to contact FBI for leads | USAO had a duty to follow known leads from other agencies. | FOIA does not require inter-agency investigations to locate records. | No obligation to contact FBI; search deemed reasonable. |
| Existence of responsive records | Documents must exist due to FBI references to the case. | Existence of records is not required for an adequate search; records may be missing. | No responsive records found; search adequate. |
Key Cases Cited
- SafeCard Servs. Inc. v. S.E.C., 926 F.2d 1197 (D.C. Cir. 1991) (affidavits presumed in good faith; detail matters)
- Weisberg v. Dep’t of Justice, 745 F.2d 1476 (D.C. Cir. 1984) (affidavits may support summary judgment in FOIA cases)
- Iturralde v. Comptroller of Currency, 315 F.3d 311 (D.C. Cir. 2003) (adequacy of search focuses on method, not fruit of search)
- Oglesby v. Dep’t of Army, 920 F.2d 57 (D.C. Cir. 1990) (agency need not search every record system; reasonable search)
- Valencia-Lucena v. U.S. Coast Guard, 180 F.3d 321 (D.C. Cir. 1999) (limits inter-agency follow-up absent FOIA obligation)
- Campbell v. U.S. Dept. of Justice, 164 F.3d 20 (D.C. Cir. 1998) (search scope limited to central filing system unless warranted)
- Schrecker v. U.S. Dep’t of Justice, 349 F.3d 657 (D.C. Cir. 2003) (reasonableness of government’s attempt to locate records)
- Wilbur v. CIA, 355 F.3d 675 (D.C. Cir. 2004) (existence of records does not prove agency custody)