811 F. Supp. 2d 245
D.D.C.2011Background
- Ray, a federal prisoner, sues the BOP under FOIA for records concerning urine specimen BOI652926 and related materials.
- BOP initially denied or mishandled the FOIA request, failing to search adequately and to address requests about delays.
- BOP moved for summary judgment; Ray sought partial summary judgment and leave to file additional pleadings.
- BOP's supplemental declarations described searches: contract with NTL/Phamatech, and inmate-file records with limited redactions.
- BOP later corrected its nonresponsive determinations and produced a 63-page NTL contract with redactions; two responsive docs were found in Ray's inmate file.
- Court must decide whether the search was adequate, whether non-responsive records were properly withheld, and whether Ray’s systemic-delay claim via APA is viable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the FOIA search was adequate. | Ray argues search omitted responsive NTL materials. | BOP conducted detailed searches for each part of the request. | The search was adequate; summary judgment for BOP on this issue. |
| Whether BOP properly withheld non-responsive records. | Ray challenges redactions and mislabeling of responsiveness. | BOP redacted and refused non-responsive portions; proper under FOIA exemptions. | BOP adequately justified withholding of non-responsive records. |
| Whether Ray’s claim of systemic FOIA delay supports an APA action. | Ray asserts a systemwide delay in processing inmate FOIA requests. | FOIA provides exclusive remedy; no independent APA claim feasible. | APA claim dismissed; FOIA provides adequate remedy. |
Key Cases Cited
- Weisberg v. United States Dep't of Justice, 705 F.2d 1344 (D.C. Cir. 1983) (agency search may be challenged with detailed affidavits)
- Oglesby v. Dep't of the Army, 920 F.2d 57 (D.C. Cir. 1990) (requires detailed description of search performed)
- Iturralde v. Comptroller of Currency, 315 F.3d 311 (D.C. Cir. 2003) (reasonableness of search; production limited to records in custody)
- Valencia-Lucena v. U.S. Coast Guard, 180 F.3d 321 (D.C. Cir. 1999) (summary judgment inappropriate if genuine issue about search exists)
- Spannaus v. Central Intelligence Agency, 841 F. Supp. 14 (D.D.C. 1993) (countervailing evidence raises issue of search adequacy)