Mingo v. United States Department of Justice
793 F. Supp. 2d 447
D.D.C.2011Background
- Mingo, a federal prisoner, filed a FOIA action seeking records and video footage from BOP related to an SIS investigation of an incident at USP Big Sandy on September 26, 2009.
- BOP located 55 pages of information and two video disks; released 37 pages (19 redacted) and withheld 18 pages plus both disks under FOIA exemptions.
- Mingo appealed to the Office of Information and Privacy (OIP); OIP released one page on an added basis and otherwise upheld BOP's withholding, citing exemptions 2 and 5 in part.
- Plaintiff filed suit on September 30, 2010 against DOJ and BOP seeking disclosure and challenging the FOIA withholding.
- Defendants moved to dismiss BOP (arguing DOJ is the proper defendant) and cross-moved for summary judgment; Mingo moved for summary judgment.
- The court denied Mingo's motion, granted the DOJ's and BOP's dismissal as to BOP, and granted summary judgment for the Defendants on the FOIA claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BOP can be dismissed as a party in a FOIA suit | Mingo argues FOIA suits may name BOP as a defendant. | DOJ is the proper defendant; components like BOP should be dismissed. | BOP dismissed; DOJ is the proper defendant for this suit. |
| Whether BOP properly withheld video disks under exemption 7(C) | Disks should be partially or fully disclosed; exemptions overly broad. | Disks contain third-party privacy and are not redactable; exemption 7(C) applies. | Disks properly withheld in their entirety under exemption 7(C). |
| Whether the 18 pages of responsive records were properly withheld and non-segregable | Some redactable portions could be released; there is a public interest in disclosure. | Information is third-party medical data; disks cannot be segregated given lack of technology. | 18 pages properly withheld; records not reasonably segregable. |
Key Cases Cited
- Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136 (U.S. Supreme Court 1980) (three-part FOIA elements and the basis for jurisdiction)
- Sussman v. U.S. Marshals Serv., 494 F.3d 1106 (D.C. Cir. 2007) (presumption of agency compliance and segregability burden on government)
- Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973) (establishes the Vaughn index framework for withholding justifications)
- Nat'l Archives and Records Admin. v. Favish, 541 U.S. 157 (U.S. Supreme Court 2004) (overriding public interest standard for privacy exemptions in FOIA)
- SafeCard Servs., Inc. v. Sec. & Exch. Comm'n, 926 F.2d 1197 (D.C. Cir. 1991) (agency declarations carry a presumption of good faith in FOIA reviews)
- Davis v. U.S. Dep't of Justice, 968 F.2d 1276 (D.C. Cir. 1992) (privacy interests in law enforcement records and exemption 7 considerations)
- Neufeld v. IRS, 646 F.2d 661 (D.C. Cir. 1981) (support for segregability and exemptions interplay in FOIA)