Petit-Frere v. US Attorney's Office of Florida
800 F. Supp. 2d 276
D.D.C.2011Background
- Petit-Frere, incarcerated on 170-month sentence for conspiracy and possession with intent to distribute cocaine, requests FOIA records on a wiretap application.
- USAO for SD Fla conducted searches; no responsive documents were found.
- Executive Office forwarded request; processing and search timeline described; Plaintiff narrowed request and appealed delays.
- Court; Defendants summary judgment motion; Plaintiff cross-motions; dispute over adequacy of search and existence of any wiretap application.
- District of Florida previously found no wiretap application ever submitted to a federal judge; additional supporting deposition evidence cited.
- Court concludes search was adequate and wiretap application to a federal judge never existed; summary judgment for Defendants granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search was adequate under FOIA. | Petit-Frere claims search was inadequate. | Defendants show reasonable, targeted search of likely records. | Search deemed adequate; summary judgment for Defendants. |
| Whether any responsive documents existed. | No documents found imply missing records. | Records likely nonexistent; search reasonable even if none found. | No responsive records existed; no obligation to produce non-existent documents. |
| Whether the local police or co-defendant files were required to be searched. | Should have searched co-defendant files and police records. | Plaintiff did not request those searches; not required absent explicit request. | Not required; search of likely sources was sufficient. |
| Whether the matter should be stayed for discovery. | Seeks discovery to challenge the search. | Discovery moot in light of adequate search and absence of records. | Motions for discovery denied as moot. |
Key Cases Cited
- Valencia-Lucena v. U.S. Coast Guard, 180 F.3d 321 (D.C. Cir. 1999) (reasonableness standard for FOIA search adequacy)
- Steinberg v. U.S. Dep't of Justice, 23 F.3d 548 (D.C. Cir. 1994) (purpose and scope of agency search; focus on method over results)
- Truitt v. Dep't of State, 897 F.2d 540 (D.C. Cir. 1990) (adequacy of FOIA search; reasonable search standard)
- Perry v. Block, 684 F.2d 121 (D.C. Cir. 1982) (scope and detail required in agency search affidavits)
- Oglesby v. U.S. Dep't of the Army, 920 F.2d 57 (D.C. Cir. 1990) (search must be reasonably calculated to uncover responsive records)
- Military Audit Project v. Casey, 656 F.2d 724 (D.C. Cir. 1981) (affidavits presumed credible to support search adequacy)
- SafeCard Servs., Inc. v. Sec. & Exch. Comm'n, 926 F.2d 1197 (D.C. Cir. 1991) (presumption of good faith in agency declarations)