Strunk v. United States Department
770 F. Supp. 2d 10
D.D.C.2011Background
- FOIA action by Strunk against DOS and DHS/DHS components to obtain records about Stanley Ann Dunham, deceased mother of President Obama.
- DOS identified likely responsive records in Passport Services; six passport records released in full under Request No. XXXXXXXXX, with some older records possibly destroyed per GSA guidance.
- A separate DOS request (Request No. XXXXXXXXX) implicated categories (b)-(d) (passport data, travel records, and related materials) likely held by DHS components or archives; DOS directed plaintiff to CBP/NARA for those categories.
- CBP, via TECS, found one page of responsive records for Dunham after redactions; released that page with Exemptions 2 and 7(E) applied.
- DOS search described as reasonable and adequate; CBP search described but lacking sufficient methodological detail to assess adequacy; court grants DOS summary judgment but denies CBP summary judgment without prejudice.
- Court issues an order withholding final resolution of CBP’s withholdings and invokes a renewed filing schedule for a more robust search explanation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of DOS search for Dunham records | Strunk argues DOS did not search comprehensively and may have destroyed or hidden records. | DOS conducted targeted searches using multiple name variants and located responsive passport records; destruction/retention policies do not show inadequacy. | DOS search deemed reasonable and adequate; summary judgment granted for DOS. |
| Adequacy of CBP search for Dunham records | CBP search was cursory and insufficiently documented; potential spoliation concerns raised by plaintiff. | CBP identified TECS as the primary system and performed a search, but the record lacks sufficient detail to evaluate adequacy. | CBP search denied without prejudice; Court schedules renewal with detailed methods. |
| Authority to withhold under Exemptions 2 and 7(E) and what records may be segregated | Plaintiff challenges the withholding and seeks release of all responsive materials. | DOS materials released; CBP withholding under Exemptions 2 and 7(E) still to be resolved in separate order. | Partial denial with prejudice not granted; CBP portion to be addressed in separate, renewed proceeding. |
Key Cases Cited
- Truitt v. Dep't of State, 897 F.2d 540 (D.C. Cir. 1990) (FOIA search must be reasonably calculated to uncover documents; adequacy assessed by search methods)
- Campbell v. U.S. Dep't of Justice, 164 F.3d 20 (D.C. Cir. 1998) (Agency bears burden to demonstrate reasonable search)
- Steinberg v. U.S. Dep't of Justice, 23 F.3d 548 (D.C. Cir. 1994) (Details of search sufficient to show reasonable methods)
- Perry v. Block, 684 F.2d 121 (D.C. Cir. 1982) (Framework for evaluating FOIA exemptions and searches)
- Iturralde v. Comptroller of Currency, 315 F.3d 311 (D.C. Cir. 2003) (Reasonableness standard for agency searches; not required to locate every document)
- Valencia-Lucena v. U.S. Coast Guard, 180 F.3d 321 (D.C. Cir. 1999) (Reasonableness of search and burden on agency to show search covered relevant files)
- Weisberg v. U.S. Dep't of Justice, 705 F.2d 1344 (D.C. Cir. 1983) (Affidavits may establish agency compliance with FOIA when detailed)
- SafeCard Servs., Inc. v. Sec. & Exch. Comm'n, 926 F.2d 1197 (D.C. Cir. 1991) (Presumption of good faith given to agency declarations)