313 F. Supp. 3d 122
D.C. Cir.2018Background
- Pro se plaintiff Jeremy (she/her) Pinson submitted multiple FOIA requests to DOJ's EOUSA; two requests at issue: Request No. 13-1085 (criminal case United States v. Garcia / Apodaca, D. Idaho, No. 11-cr-68) and Request No. 12-1757 (documents for civil cases including 10-cv-949 and 11-cv-1906).
- EOUSA previously produced materials and the parties litigated multiple motions for summary judgment; the Court granted/denied portions in three prior opinions and invited updated declarations to clarify search scope.
- For Request 13-1085, EOUSA's FOIA contact reports a two-hour Courtlink search limited to public records and produced 949 pages; DOJ's filings and exhibits, however, reference docket number 12-cr-236 (not 11-cr-68), and the FOIA declaration omitted the case number used.
- For Request 12-1757, EOUSA's updated declaration identified search terms ("Jeremy Pinson" and specified civil case numbers) and located 197 pages, but prior filings inconsistently described whether the search was limited to public records and there is a 197-vs-200 pages discrepancy in the record.
- Pinson did not oppose the renewed summary-judgment motions; the Court nevertheless reviewed adequacy of searches and whether DOJ met its burden to show all responsive records were produced or properly withheld.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of search for Request No. 13-1085 (criminal docket) | EOUSA must locate and produce all responsive materials for 11-cr-68; prior releases were incomplete | EOUSA says it searched Courtlink for the case and produced 949 pages of responsive public records | Denied: DOJ failed to show which docket number was searched; record suggests wrong case number (12-cr-236) may have been used, so search may be inadequate |
| Adequacy of search for Request No. 12-1757 (civil cases) | EOUSA must search systems likely to contain records and clarify whether search limited to public records; resolve page-count discrepancy | EOUSA updated declaration provides search terms and says all located documents were forwarded; argues it released responsive records | Denied: declaration still fails to clarify if search was limited to public records and does not explain discrepancy between 197 pages located and 200 pages released |
| Burden on agency at summary judgment when requester does not oppose | Pinson argues DOJ must meet its evidentiary burden despite no opposition | DOJ relies on updated affidavits and prior releases to meet burden | Court reiterates agency bears burden; failure to oppose does not relieve DOJ of proving adequacy and completeness of search |
| Effect of inconsistent sworn statements/declarations | Inconsistencies undermine DOJ's showing that searches were reasonably calculated | DOJ's varying sworn statements are minor and can be fixed with clarification | Court refuses to accept unexplained, inconsistent sworn statements; requires clarified, reasonably detailed affidavits before granting summary judgment |
Key Cases Cited
- Weisberg v. U.S. Dep't of Justice, 627 F.2d 365 (D.C. Cir.) (agency must prove each responsive document has been produced or lawfully withheld)
- Nat'l Cable Television Ass'n v. FCC, 479 F.2d 183 (D.C. Cir.) (agency burden to account for responsive records)
- Morley v. CIA, 508 F.3d 1108 (D.C. Cir.) (adequate FOIA search is one reasonably calculated to uncover responsive records)
- Aguiar v. DEA, 865 F.3d 730 (D.C. Cir.) (court may rely on reasonably detailed affidavits describing search terms and systems)
- Winston & Strawn, LLP v. McLean, 843 F.3d 503 (D.C. Cir.) (summary judgment cannot be treated as conceded for want of opposition; movant retains burden)
- Kleinert v. Bureau of Land Mgmt., 132 F. Supp. 3d 79 (D.D.C.) (search inadequate where incorrect search term used)
- Grimes v. District of Columbia, 794 F.3d 83 (D.C. Cir.) (discussing allocation of burdens at summary judgment)