146 F. Supp. 3d 89
D.D.C.2015Background
- Nolen sues DOJ under FOIA alleging FBI search for records about Martin Andrew Droll was inadequate.
- FBI initially searched CRS UNI and ELSUR using a seven-way phonetic breakdown plus birth/death data; no responsive records found.
- After suit, FBI conducted follow-up searches of CRS cross-references and Sentinel index, plus alias Marty Rifles; still no responsive records.
- Plaintiff argues searches should have included Droll’s known associates and affiliated organizations, full-text ECF search, and outreach to field offices.
- DOJ argues the searches performed were reasonable and reasonably likely to locate responsive records; agencies are not obligated to pursue every potential lead.
- Court grants DOJ’s summary judgment and denies Nolen’s cross-motion; finds the FBI searches adequate under FOIA requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the FBI’s search was adequate under FOIA. | Nolen contends the FBI failed to search associates, ECF, and field offices. | DOJ asserts searches of CRS/ELSUR (and later Sentinel) were reasonably likely to locate responsive records. | Yes; the search was adequate. |
| Whether the FBI should have searched for records concerning Madonna and related organizations. | FBI should search Madonna and organizations tied to Droll. | No requirement to speculate about leads not in the request; no basis to search beyond four corners. | No; no obligation to search those leads. |
| Whether the FBI should have performed a full-text ECF search. | FBI should conduct ECF full-text search given Droll’s uncommon name. | No duty to perform ECF text search; burden on plaintiff to show why likely to contain records. | No; ECF text search not required; searches conducted were adequate. |
| Whether the FBI should have contacted field offices. | FBI should have contacted Cincinnati, Cambridge, and Philadelphia offices. | No obligation absent clear red flags; birth/death locations were not such leads. | No; field-office contacts not required. |
Key Cases Cited
- Weisberg v. DOJ, 745 F.2d 1476 (D.C. Cir. 1984) (adequacy of search judged by reasonableness and scope of search)
- Defenders of Wildlife v. U.S. Border Patrol, 623 F. Supp. 2d 83 (D.D.C. 2009) (FOIA search must be detailed and reasonably likely to locate records)
- Kowalczyk v. DOJ, 73 F.3d 389 (D.C. Cir. 1996) (agency not required to chase speculative leads; focus on reasonable search)