Negley v. Federal Bureau of Investigation
825 F. Supp. 2d 58
D.D.C.2011Background
- Negley filed a 2002 FOIA request to the FBI San Francisco Field Office seeking records about him.
- The 2002 search was later deemed inadequate and the court issued a Sept. 24, 2009 Order detailing searches and production.
- The FBI undertook steps to comply with the Sept. 24, 2009 Order.
- Negley moved for contempt on Apr. 5, 2010; the court denied contempt in a March 1, 2011 decision.
- Negley then sought reconsideration of the March 1, 2011 decision, challenging geographic scope and the April 2002 cut-off date.
- The court denied Negley’s motion for reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Geographic scope of the 2002 request | Negley argues the amendment broadened scope beyond SFFO. | FBI contends amendment refers to other files within SFFO scope. | Denied; scope limited to SFFO files as previously determined. |
| Reasonableness of the April 2002 cut-off date | Cut-off date was too early given 2009 broader request. | Cut-off reasonable to cover anticipated broader 2009 request. | Denied; cut-off deemed reasonable under the circumstances. |
Key Cases Cited
- Public Citizen v. Dep't of State, 276 F.3d 634 (D.C.Cir. 2002) (courts may consider agency justification for date-of-request cut-offs)
- Cobell v. Norton, 355 F. Supp. 2d 531 (D.D.C. 2005) (injustice requires reconsideration; search scope considerations)
- McGehee v. Central Intelligence Agency, 697 F.2d 1095 (D.C.Cir. 1983) (assess reasonableness of agency conduct by particular facts)
- Jefferson v. Bureau of Prisons, 578 F. Supp. 2d 55 (D.D.C. 2008) (proper question is whether the cut-off was reasonable for the specific request)
- Singh v. George Washington Univ., 383 F. Supp. 2d 99 (D.D.C. 2005) (guidance on reconsideration and interlocutory decisions)