648 F.3d 1049
9th Cir.2011Background
- Yonemoto, a VA employee, submitted eight FOIA requests seeking emails to and from specific individuals.
- VA produced about 1500 pages, withholding some records under various FOIA exemptions.
- District court granted partial summary judgment on redactions of five emails under Exemption 6 and Privacy Act, and stayed remaining issues.
- On interlocutory appeal, VA later produced the emails unredacted to Yonemoto in discovery, prompting mootness questions.
- Yonemoto II held that disclosure to a VA employee did not moot the FOIA claim for those emails due to dissemination restrictions.
- On remand, issues narrowed to 205 emails; Yonemoto viewed 190 as VA-employee and declined to obtain 33; remaining 157 to be produced unredacted only as VA employee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether VA's offer of 157 emails to Yonemoto as an employee moots the FOIA claim | Yonemoto argues not moot because disclosure to an employee remains restricted. | VA contends the employee-disclosure moots the claim as to those records. | No; moots not satisfied; still subject to FOIA rights. |
| Whether Exemption 6 justifies withholding nine in-camera emails | Yonemoto asserts the Vaughn index is insufficient and requires more particularized showing. | VA contends Exemption 6 applies to redacted portions balancing privacy and public interest. | Remand to develop record and reconsider Exemption 6 application. |
Key Cases Cited
- Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136 (1980) (FOIA relief requires agency to prove improper withholding)
- Siskiyou Reg'l Educ. Project v. U.S. Forest Serv., 565 F.3d 545 (9th Cir.2009) (mootness under FOIA depends on full compliance or remaining rights)
- Favish v. Dept. of Justice, 541 U.S. 157 (2004) (privacy interests and public interest in disclosure under FOIA exemptions)
- Reporters Comm. for Freedom of the Press v. Dept. of Justice, 489 U.S. 749 (1989) (strong presumption of openness and public interest in agency records)
- Lahr v. National Transportation Safety Board, 569 F.3d 964 (9th Cir.2009) (burden on agency to sustain its FOIA action; details in Vaughn index)
- Wiener v. FBI, 943 F.2d 972 (9th Cir.1991) (privacy-interest balancing under FOIA Exemption 6 requires context-sensitive analysis)
- Maricopa Audubon Soc'y v. U.S. Forest Serv., 108 F.3d 1082 (9th Cir.1997) (disclosure rules and public access to records once information is within FOIA)