803 F. Supp. 2d 44
D.D.C.2011Background
- Truesdale, a FOIA plaintiff, sought DOJ records via FOIA/PA Request No. 2004-02303 directed to JMD MRU (-August 28, 2003).
- Request referred to potential records in a repository of CCE conviction records under 18 U.S.C. § 3662; DOJ interpreted as repository-related and processed accordingly.
- DOJ's Office of Information Policy (OIP) searched the DOJ’s central repository (IQ) and consulted a research librarian; no responsive records located.
- OIP concluded no repository under § 3662 exists and that FBI records systems did not contain the requested records.
- Plaintiff challenged the search as insufficient and limited to the Office of the Attorney General; DOJ argued search was reasonable given the request and clarifications.
- Court later granted summary judgment for DOJ, finding the search reasonably calculated to uncover all relevant documents and thus compliant with FOIA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DOJ's search was reasonable under FOIA | Truesdale argues the Brinkmann declaration is insufficient and searches may exist outside AG records | DOJ contends search of AG records, aided by librarian, reasonably targeted and did not miss repositories | Yes; search was reasonable and sufficient for FOIA obligations |
| Whether limiting search to AG records was proper given the request | Request was for AG records or repository under § 3662; broader search warranted | Clarified request focused on AG repository; broader DOJ search not required | Yes; limiting to AG records was reasonable under the circumstances |
| Whether plaintiff showed bad faith or destroyed records to rebut the search | Allegations of bad faith and missing records | Speculation insufficient; declarations have a presumption of good faith | No; plaintiff failed to show bad faith |
Key Cases Cited
- Ancient Coin Collectors Guild v. United States Dep't of State, 641 F.3d 504 (D.C. Cir. 2011) (search must be reasonably calculated to uncover documents)
- Moore v. Aspin, 916 F. Supp. 32 (D.D.C. 1996) (FOIA search must be reasonably calculated to uncover documents)
- Perry v. Block, 684 F.2d 121 (D.C. Cir. 1982) (affidavits may justify search scope)
- Oglesby v. U.S. Dep't of the Army, 920 F.2d 57 (D.C. Cir. 1990) (agency may rely on supervisor's affidavit for search)
- Holt v. U.S. Dep't of Justice, 734 F. Supp.2d 28 (D.D.C. 2010) (supervisor's knowledge supports FOIA search credibility)
- SafeCard Servs., Inc. v. Sec. & Exch. Comm'n, 926 F.2d 1197 (D.C. Cir. 1991) (presumption of good faith for agency declarations)