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Riddick v. United States Department of Justice
134 F. Supp. 3d 281
D.D.C.
2015
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Background

  • Riddick, proceeding pro se, seeks FOIA records from EOUSA, a DOJ component.
  • Court analyzes cross-motions for summary judgment and a motion to strike a declaration.
  • Riddick challenges EOUSA's processing and withholding under FOIA exemptions.
  • Requests 12-3487, 12-3536, and 13-2508 involve searches, fees, and produced/redacted records.
  • EOUSA relied on (b)(5) exemptions and fee-based closing; Riddick did not pay processing fees.
  • Court denies Riddick’s summary judgment motion and grants EOUSA’s; motions to strike denied.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether EOUSA properly processed Riddick’s FOIA requests Riddick asserts improper withholding and incomplete production EOUSA conducted adequate search and properly withheld under (b)(5) Yes; proper processing shown under (b)(5) and fee-related closure.
Whether documents withheld were protected by FOIA exemption (b)(5) Riddick contends more documents should be released Redactions/withholdings justified as attorney work product and deliberative process Yes; records properly withheld under (b)(5).
Whether closing the request for nonpayment of fees was proper Riddick disputes fee-based closure FOIA requires payment before continued processing; closure proper absent payment Yes; EOUSA acted properly by closing for nonpayment.
Whether Riddick’s motion to strike the Luczynski Declaration should succeed Declaration is in bad faith and lacks personal knowledge Declaration supported by agency procedures; no bad faith shown No; motion to strike denied.

Key Cases Cited

  • Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (summary judgment standard requires no genuine issue of material fact when appropriate)
  • Military Audit Project v. Casey, 656 F.2d 724 (D.C. Cir. 1981) (establishes framework for FOIA exemptions and government’s burden)
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Case Details

Case Name: Riddick v. United States Department of Justice
Court Name: District Court, District of Columbia
Date Published: Sep 29, 2015
Citation: 134 F. Supp. 3d 281
Docket Number: Civil Action No. 2013-1512
Court Abbreviation: D.D.C.