Wisdom v. United States Trustee Program
266 F. Supp. 3d 93
| D.D.C. | 2017Background
- Allen L. Wisdom, a pro se litigant, sought FOIA records from the Executive Office for the United States Trustee Program (EOUSTP) about trustee Jeremy Gugino and the administration of Wisdom’s Chapter 7 bankruptcy.
- Wisdom filed multiple FOIA requests (tracked as 2015-2053, 2016-2033, 2016-2003); litigation began after delays and partial withholdings; this opinion follows an earlier ruling that found the agency’s initial declarations and Vaughn index inadequate.
- The Court ordered the agency either to provide a more detailed affidavit or to renew its searches and to produce certain documents (and submit Gugino’s evaluations for in camera review).
- EOUSTP supplemented its record with a new declaration (Paul Bridenhagen), a revised Vaughn Index, and performed renewed searches and additional releases; it invoked FOIA Exemptions 5 (deliberative process and work product) and 6 (privacy) but withdrew 7(E).
- Wisdom challenged the procedural propriety of another summary-judgment motion, the sufficiency of the new declaration and searches, and the agency’s asserted Exemptions 5 and 6; the Court evaluated search adequacy, exemption applicability, and segregability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Procedural propriety of renewed summary-judgment motion | Agency may not file successive summary judgment motions | FOIA litigation is iterative; Court previously ordered supplemental briefing | Renewed motion permitted (Court authorized supplemental briefing) |
| Adequacy/sufficiency of agency declaration (Bridenhagen) | Declarant not involved in earlier searches; declaration hearsay/boilerplate | Declarant has personal knowledge of procedures and relied on official information; FOIA declarants need not have conducted searches personally | Declaration sufficient for FOIA purposes |
| Adequacy of searches for responsive records | Agency failed to locate specific items (e.g., bond documents); search insufficiently documented | Agency described systems searched, personnel, and search terms; searches were reasonably calculated to find responsive records | Searches were adequate; summary judgment for agency on search adequacy |
| Withholding under Exemptions 5 and 6 | Deliberative-process privilege overcome by alleged government misconduct; evaluations should be disclosed | Redactions protect predecisional/deliberative communications and attorney work product; evaluations implicate substantial privacy interests | Exemption 5 and the work-product prong apply to withheld internal deliberations; Exemption 6 protects Gugino’s performance evaluations (privacy interest outweighs public interest) |
Key Cases Cited
- EPA v. Mink, 410 U.S. 73 (1973) (district courts provide an iterative FOIA remedy when agencies must correct deficient disclosures)
- SafeCard Servs., Inc. v. SEC, 926 F.2d 1197 (D.C. Cir. 1991) (agency affidavits entitled to presumption of good faith; requester cannot rely on pure speculation)
- Military Audit Project v. Casey, 656 F.2d 724 (D.C. Cir. 1981) (summary judgment in FOIA cases may rest on detailed agency affidavits)
- Valencia-Lucena v. Coast Guard, 180 F.3d 321 (D.C. Cir. 1999) (agency must show its search was reasonably calculated to uncover relevant documents)
- Perry v. Block, 684 F.2d 121 (D.C. Cir. 1982) (agency affidavits must explain search scope and method with reasonable detail)
- Weisberg v. DOJ, 745 F.2d 1476 (D.C. Cir. 1984) (search adequacy judged by reasonableness; focus is whether search was reasonably calculated to uncover responsive records)
- Reporters Committee for Freedom of the Press v. DOJ, 489 U.S. 749 (1989) (public interest in FOIA balancing is limited to shedding light on government performance)