Ortiz v. United States Department of Justice
67 F. Supp. 3d 109
D.D.C.2014Background
- FOIA action against DOJ seeking records from the DEA about plaintiff's criminal case.
- Plaintiff's FOIA request No. 12-00038-P sought all records referencing plaintiff by name across DEA investigative files and related referrals.
- DEA initially released 48 pages, with some pages redacted or referred to ICE and EOUSA; later additional records were reviewed and released in part.
- EOUSA received a three-page referral and released them in full.
- ICE received two pages and released them in part with exemptions for privacy and law enforcement interests.
- Court grants defendant’s summary judgment; searches deemed reasonable and exemptions 3, 7(C), 7(D), 7(E) upheld; segregability satisfied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the DEA's search was reasonably calculated to locate responsive records | Plaintiff argues not specified here (not advanced). | DEA conducted a reasonable, name-based and IRFS/NADDIS search. | Yes; search deemed reasonable and adequate. |
| Whether Exemption 3 applies to the teletype derived from Bank Secrecy Act records | Contest not detailed here. | Teletype derived from FinCEN/BSA data is exempt. | Exemption 3 applies; teletype properly withheld. |
| Whether Exemption 7(C) supports withholding third-party privacy information | Plaintiff contends disclosure benefits public understanding. | Privacy interests outweigh public interest; no countervailing public interest. | Exemption 7(C) applies; third-party identifiers withheld. |
| Whether Exemption 7(D) protects confidential-source information | Not specified. | Source confidentiality asserted and information provided by confidential sources. | Exemption 7(D) applies; confidential-source information withheld. |
| Whether Exemption 7(E) protects investigative techniques and TECS/NADDIS identifiers | Not specified. | Techniques, codes, and identifiers could facilitate circumvention; disclosure risks harm. | Exemption 7(E) applies; relevant codes and TECS/NADDIS details withheld. |
Key Cases Cited
- Goland v. Central Intelligence Agency, 607 F.2d 339 (D.C. Cir. 1978) (withholding under FOIA where appropriate; established exemption framework)
- American Civil Liberties Union v. United States Department of Justice, 655 F.3d 1 (D.C. Cir. 2011) (privacy/public interests balancing under Exemption 7(C))
- Davis v. United States Department of Justice, 968 F.2d 1276 (D.C. Cir. 1992) (public interest in disclosure is limited to government accountability)
- SafeCard Services, Inc. v. Securities & Exchange Commission, 926 F.2d 1197 (D.C. Cir. 1991) (privacy interests in Exemption 7(C) upheld; stigma considerations)
- Landano v. United States Department of Justice, 508 U.S. 165 (Supreme Court, 1993) (confidential source protection requires case-by-case analysis)