Muttitt v. United States Central Command
813 F. Supp. 2d 221
D.D.C.2011Background
- Plaintiff Greg Muttitt, author researching Iraqi oil policy, submitted FOIA requests to DoD, CENTCOM, State, and Treasury in 2009-2010.
- State acknowledged requests, granted news media status but denied expedited processing and public interest fee waivers; no documents released.
- Treasury acknowledged receipt but did not grant news media status or fee waiver and provided no timely response.
- Plaintiff sought time estimates for processing and filed appeals for pending requests; some appeals were rejected or ignored.
- February 4, 2010, lawsuit filed to compel disclosure and challenge processing procedures; Amended Complaint added APA and FOIA claims; partial motion to dismiss filed by State and Treasury.
- Court granted in part and denied in part the defendants’ motion, dismissing some APA claims and some pattern-and-practice FOIA claims, while leaving others viable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FOIA provides an adequate remedy, precluding APA review. | Muttitt argues APA review is proper because FOIA lacks adequate relief for time-estimate violations. | State/Treasury contend FOIA provides adequate relief and APA review is precluded. | APA claims dismissed; FOIA affords equitable relief under Payne, precluding APA review. |
| Whether Muttitt states a pattern-and-practice claim against State. | States a pattern of failing to provide estimated completion dates, seeking declaratory/injunctive relief. | Argues no viable pattern-and-practice claim without specific regulations/policy statements. | Viable pattern-and-practice claim against State; movant Treasury dismissed on this point. |
| Whether Muttitt states a pattern-and-practice claim against Treasury. | Treasury's failure to provide time estimates constitutes a pattern and warrants relief. | Single violation insufficient to establish pattern or practice. | Count 26 against Treasury dismissed. |
Key Cases Cited
- Payne Enters. v. United States, 837 F.2d 486 (D.C. Cir. 1988) (FOIA allows broad equitable relief; pattern or practice could be enjoined)
- Garcia v. Vilsack, 563 F.3d 519 (D.C. Cir. 2009) (adequate alternative remedies foreclose APA relief when same relief is available)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (S. Ct. 2007) (pleading standards require plausibility, not merely possible claims)
- Ashcroft v. Iqbal, 556 U.S. 662 (S. Ct. 2009) (requires factual pleading sufficient to show plausible liability)
- NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214 (S. Ct. 1978) (FOIA transparency with limitations; informational needs balanced against govt interests)