245 F. Supp. 3d 153
D.D.C.2017Background
- Pro se plaintiff Richard Alan King filed a FOIA suit against the DOJ seeking records from four components: DEA, FBI, EOUSA, and OSG.
- DOJ moved to dismiss and/or for summary judgment; Court repeatedly extended King’s time to respond (total ~326 days) but King failed to file an opposition.
- Court warned that factual assertions supported by DOJ declarations would be accepted as conceded but the Court still had to independently assess legal sufficiency.
- DOJ produced some records, withheld others, and provided component-specific declarations describing searches and withheld material.
- Court resolved claims for OSG (no responsive non-exempt records), FBI (failure to exhaust administrative appeals), and DEA (adequate search; exemptions 7(C),(D),(E),(F) properly applied; no segregable non-exempt material).
- Court denied DOJ’s summary judgment as to EOUSA without prejudice, finding the EOUSA declaration insufficiently specific about the asserted seal and exemption-based withholdings and ordering DOJ may renew within 30 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of agency searches (OSG, DEA, EOUSA) | King sought all records about him/aliases; implicit that searches were inadequate | DOJ submitted declarations describing systems searched and search terms used | OSG & DEA searches adequate; EOUSA submission insufficient to establish adequacy |
| Exhaustion of administrative remedies (FBI) | King sued without further appeals | FBI responded and produced limited pages; King did not administratively appeal | Plaintiff failed to exhaust; claim against FBI dismissed |
| Withholding under FOIA Exemption 7 variants (DEA) | King sought informant and law-enforcement statements | DEA asserted Exemptions 7(C),(D),(E),(F) to protect privacy, confidential sources, law-enforcement techniques, and safety | Court upheld DEA’s withholdings and finding of no segregable non-exempt material |
| Effect of a seal on EOUSA file | King sought EOUSA file; DOJ said the file is sealed | DOJ asserted the file is sealed and asserted exemptions but declaration did not explain how the seal precludes disclosure or whether records were actually reviewed | Court denied summary judgment as to EOUSA without prejudice and instructed DOJ to provide more detail on the seal and exemption review |
Key Cases Cited
- Winston & Strawn, LLP v. McLean, 843 F.3d 503 (D.C. Cir.) (court must independently assess summary judgment even if motion is unopposed)
- SafeCard Servs., Inc. v. SEC, 926 F.2d 1197 (D.C. Cir.) (agencies may meet summary judgment burden with detailed, non-conclusory declarations)
- Oglesby v. U.S. Dep’t of the Army, 920 F.2d 57 (D.C. Cir.) (standards for adequacy of FOIA search)
- Morgan v. U.S. Dep’t of Justice, 923 F.2d 195 (D.C. Cir.) (seal inquiry: whether seal prohibits agency disclosure)
- Hidalgo v. FBI, 344 F.3d 1256 (D.C. Cir.) (FOIA claim requires exhaustion of administrative remedies)