Porter v. Central Intelligence Agency
2011 U.S. Dist. LEXIS 43374
D.D.C.2011Background
- Porter filed three FOIA requests over 14 years seeking records about him from CIA; two prior requests yielded limited or no results.
- 1997 request sought documents related to Porter’s employment with Bendix Field Engineering (1986-1991); CIA determined no FOIAable documents existed and released an appeal right letter in 1998.
- 2006 request treated as an updated search; CIA produced one redacted document and advised Porter of a 45-day appeal window, which he did not pursue as a new FOIA appeal.
- 2009 request again sought Porter-related information; CIA performed an updated search limited to Sept. 7, 2006 to March 27, 2009; no new responsive documents were found.
- CIA’s Information Management Services directed searches in National Clandestine Service and Directorate of Support using Porter’s name, variants, and SSN; searches yielded no matches.
- Porter sued in 2010 alleging wrongful withholding and inadequate search; CIA moved for summary judgment, which the court granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CIA reasonably limited the search timeframe | Porter argues time limit was improper and narrowed search. | CIA provided notice and the timeframe was reasonable given prior requests; even if improper, Porter failed to exhaust. | Time limitation reasonable; summary judgment appropriate. |
| Whether Porter exhausted administrative remedies on the time-limit issue | Porter exhausted by appealing the 2009 determination. | Appeal only challenged search adequacy, not timeframe; exhaustion not satisfied for timeframe issue. | Exhaustion requirement satisfied as to timeframe issue; dismissal supported. |
| Whether the search was adequately limited in time and scope | Search scope and timeframe were too narrow; missing responsive documents. | Search was reasonable and tailored to prior requests; no evidence of missing responsive records. | Search was reasonable and adequately scoped; sufficient for summary judgment. |
| Whether the CIA adequately demonstrated the search was reasonably calculated to uncover all responsive documents | Declaration insufficient to show thoroughness. | Nelson declaration details scope, databases searched, terms used, and methods; supports adequacy. | Declaration shows a reasonable, thorough search; no genuine factual dispute. |
| Whether the agency's affidavits may support summary judgment on FOIA | Agency declarations may not suffice to prove completeness. | Declarations are sufficiently detailed and unrebutted; support non-disclosure reasoning. | Affidavits sufficient to grant summary judgment. |
Key Cases Cited
- Valencia-Lucena v. U.S. Coast Guard, 180 F.3d 321 (D.C. Cir. 1999) (reasonableness standard for FOIA searches)
- Truitt v. Dep't of State, 897 F.2d 540 (D.C. Cir. 1990) (search must be reasonably calculated to uncover documents)
- Perry v. Block, 684 F.2d 121 (D.C. Cir. 1982) (scope and method of search may be explained by agency declarations)
- Wilbur v. CIA, 355 F.3d 675 (D.C. Cir. 2004) (exhaustion and administrative scheme under FOIA)
- Spannaus v. U.S. Dep't of Justice, 824 F.2d 52 (D.C. Cir. 1987) (purpose of exhaustion in FOIA cases)
- Oglesby v. United States Dep't of the Army, 920 F.2d 57 (D.C. Cir. 1990) (exhaustion doctrine and administrative scheme in FOIA)
- Dettmann v. United States Dep't of Justice, 802 F.2d 1472 (D.C. Cir. 1986) (exhaustion and administrative process under FOIA)
- Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136 (Supreme Court 1980) (FOIA framework and burden on agency to justify withholding)
- SafeCard Servs., Inc. v. Sec. & Exch. Comm'n, 926 F.2d 1197 (D.C. Cir. 1991) (presumption of good faith for agency affidavits)
- Military Audit Project v. Casey, 656 F.2d 724 (D.C. Cir. 1981) (deference to agency affidavits in FOIA context)
- Weisberg v. United States Dep't of Justice, 745 F.2d 1476 (D.C. Cir. 1984) (standard for evaluating adequacy of FOIA searches)
- Defenders of Wildlife v. U.S. Border Patrol, 623 F. Supp. 2d 83 (D.D.C. 2009) (FOIA summary judgment practice)
- Steinberg v. U.S. Dep't of Justice, 23 F.3d 548 (D.C. Cir. 1994) (FOIA search breadth and methodology)