Morley v. United States Central Intelligence Agency
2011 U.S. Dist. LEXIS 144251
| D.D.C. | 2011Background
- Morley, a journalist, sought records under FOIA about CIA officer Joannides and the Kennedy assassination; CIA initially redirected Morley to JFK-assassination records already with NARA.
- CIA later produced 3 complete records, 2 segregable documents, and 113 redacted documents in 2004–2005 after review.
- Court granted summary judgment for CIA; on appeal, the Circuit remanded for further searches, disclosures, and explanations.
- CIA conducted additional searches in 2008 and produced 113 records from NARA-set materials and 293 records from its files before renewed summary judgment briefing.
- Morley sought attorney’s fees under FOIA, arguing he substantially prevailed and that fees are justified by public benefit, private interest, and other factors.
- The court denied Morley’s motion for attorney’s fees, finding no substantial public benefit, insufficient private incentive, and a reasonable basis for CIA’s withholding; fees were therefore not awarded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FOIA fee eligibility vs. entitlement | Morley argues he substantially prevailed and should recover fees | CIA contests entitlement, citing four-factor test | Morley not entitled to fees under four-factor test |
| Public benefit supporting a fees award | Disclosures create public benefit by informing on JFK assassination | Most Kennedy documents already public; benefit minimal | Public benefit factor weighs against fees |
| Reasonableness of CIA's withholding | CIA engaged in dilatory and opaque withholding | CIA's positions were reasonable and properly justified | Factor weighs against awarding fees |
Key Cases Cited
- Tax Analysts v. U.S. Dep't of Justice, 965 F.2d 1092 (D.C. Cir. 1992) (fee eligibility requires substantial relief and four-factor test; not automatic)
- Cotton v. Heyman, 63 F.3d 1115 (D.C. Cir. 1995) (four-factor public-benefit analysis for FOIA fees)
- Davy v. CIA, 550 F.3d 1155 (D.C. Cir. 2008) (private interest and public benefit considerations in fee awards)
- Buckhannon Bd. & Care Home, Inc. v. West Virginia Dept. of Health & Human Resources, 532 U.S. 598 (S. Ct. 2001) (regarding material alteration required for fee-shifting; retroactivity concerns)
- Weisberg v. U.S. Dep't of Justice, 745 F.2d 1476 (D.C. Cir. 1984) (fee-eligibility framework for FOIA actions)
- Nationwide Bldg. Maintenance, Inc. v. Sampson, 559 F.2d 704 (D.C. Cir. 1977) (courts have broad discretion in FOIA fee awards; no presumption in favor)
- Fenster v. Brown, 617 F.2d 740 (D.C. Cir. 1979) (public benefit considerations in FOIA fee decisions)