Plunkett v. Department of Justice
249 F. Supp. 3d 73
D.D.C.2017Background
- Plunkett filed a FOIA suit against the DOJ/EOUSA seeking records relating to his criminal prosecution and conviction.
- EOUSA transferred 185 pages to the Bureau of Prisons (BOP) for review during initial processing.
- BOP returned 160 pages to EOUSA as non-BOP records and retained 25 pages as BOP records for its own review.
- BOP later determined the 25 pages were fully releasable and mailed those pages and a determination letter directly to Plunkett on July 28, 2009.
- Prior rounds of summary judgment left unresolved what happened to the 25 pages not returned to EOUSA because the Court lacked a BOP declaration explaining disposition.
- On the fourth motion, DOJ submitted a BOP declaration (Baime) and documentary evidence showing the 25 pages were released to Plunkett; the Court therefore granted summary judgment for the Department.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What happened to the 25 pages the BOP did not return to EOUSA | Plunkett argued the Court should ensure agencies account for and publicly docket those 25 pages; sought in camera review and docketing | DOJ (through BOP decl.) asserted BOP classified 25 pages as BOP records, found them fully releasable, and mailed them to Plunkett in 2009 | Court held DOJ met its burden: BOP released the 25 pages to Plunkett; no further FOIA relief required |
| Whether DOJ must file the 25 pages on the public docket | Plunkett sought an order requiring the Department to attach the released BOP pages to a public filing | DOJ argued it satisfied FOIA by releasing the records directly to Plunkett and need not docket them | Court declined to require docketing; FOIA obligations satisfied by direct release |
| Whether any live case-or-controversy remains after release | Plunkett challenged processing/accounting; sought further review of returned 160 pages as well | DOJ noted the outstanding question was limited to the 25 pages and that those are released | Court found no further FOIA function as to the 25 pages; release moots that issue (other issues previously adjudicated) |
| Whether Plunkett should be allowed to file a surreply | Plunkett moved for leave to file a surreply to clarify arguments | DOJ would not be prejudiced by a surreply | Court granted leave and accepted the surreply as filed |
Key Cases Cited
- Perry v. Block, 684 F.2d 121 (D.C. Cir. 1982) (once documents are released to requester, FOIA case-or-controversy may be extinguished)
- Bayala v. U.S. Dep't of Homeland Sec., Office of Gen. Counsel, 827 F.3d 31 (D.C. Cir. 2016) (release of requested documents can eliminate a FOIA case or controversy)