Thompson v. United States Department of Justice
851 F. Supp. 2d 89
D.D.C.2012Background
- FOIA action by Stanley Thompson against the United States Department of Justice to obtain FBI records about himself.
- Plaintiff seeks lift images (latent fingerprints) and processing/chain of custody information for case 91A-AT-101753.
- FBI initially refused for insufficient CRS search information; later released some pages with exemptions 6, 7(C), 7(E).
- OIP partially remanded for further search and processing; subsequent releases included friction ridge impressions but no lift prints.
- Court reviews FBI search, interdepartmental handling, and the withholding under Exemptions 7(C) and 7(E); analyzes segregability.
- Court grants summary judgment for the FBI, finding a reasonable search and proper exemptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FBI search was reasonably calculated to locate all responsive records | Thompson argues search was inadequate; seeks lift images and related records | FBI conducted CRS search using multiple variations; located main file 91A-AT-101753 and cross-references | Yes; search was reasonably calculated to locate responsive records |
| Whether lift images were properly identified and produced | Requests lift images; alleges missing lift prints | No lift prints found; only friction ridge impressions released; processing records not required | Lift images not located; relevant friction ridge impressions released instead |
| Whether Exemptions 7(C) and 7(E) justified withholding | Dispute about privacy and disclosure of third-party information; seeks more transparency | Exemptions protect privacy of third parties and safeguard investigative techniques and procedures | Exemptions 7(C) and 7(E) properly applied and partially redacted information segregable |
| Whether the information redacted under Exemption 7(E) regarding FD-515 is proper | Argues for more disclosure of investigative techniques | Rating column on FD-515 deleted to prevent circumvention; standard practice upheld | Redaction of rating information proper under Exemption 7(E) |
| Whether the FOIA request for processing/chain-of-custody records was properly handled | Sought processing records and chain of custody for prints | Agency not obliged to conduct new search beyond initial request; focus on lift images | FRI not obliged to perform broader search; processing records not required beyond scope of request |
Key Cases Cited
- Defenders of Wildlife v. U.S. Border Patrol, 623 F. Supp. 2d 83 (D.D.C. 2009) (summary judgment in FOIA actions requires no genuine dispute of material fact)
- Students Against Genocide v. Dep’t of State, 257 F.3d 828 (D.C. Cir. 2001) (agency may prevail on FOIA where records are produced or exempt)
- Goland v. CIA, 607 F.2d 339 (D.C. Cir. 1978) (foundation for agency exemption standards in FOIA cases)
- Safecard Servs., Inc. v. SEC, 926 F.2d 1197 (D.C. Cir. 1991) (detailed, non-conclusory declarations support FOIA exemptions)
- Military Audit Project v. Casey, 656 F.2d 724 (D.C. Cir. 1981) (requirement for detailed justifications for nondisclosure)