Voinche v. Federal Bureau of Investigation
Voinche v. Federal Bureau of Investigation
Opinion of the Court
RULING
This suit was sparked when plaintiff Woody Voinche saw the 16 September 1991 television broadcast of Geraldo Rivera’s syndicated series Now It Can Be Told. The topic of the show was the release of “secret files” allegedly revealing that the FBI had wiretapped various United States Supreme Court Justices. On 24 September 1991, a week after the broadcast, plaintiff filed a
The FBI responds to the plaintiffs motion with a motion to dismiss, or in the alternative, for summary judgment. The FBI argues that the plaintiffs claim has been rendered moot by the FBI’s response to his request and that any challenges to the response must be made administratively before they can be raised in this court. We agree.
Summary judgment will be granted only if the pleadings, depositions, answers to interrogatories, and admissions, together with affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Fed.R.Civ.P. 56. In our analysis, we view the facts and inferences from the evidence in the light most favorable to the nonmoving party. Lavespere v. Niagara Machine & Tool Works, Inc., 910 F.2d 167, 178 (5th Cir.), reh’g denied, 920 F.2d 259 (5th Cir. 1990). Before we can find that no genuine issues of material fact exist, the court must be satisfied that no reasonable trier of fact could have found for the nonmoving party. Id.
As the Fifth Circuit recently explained to Mr. Voinehe, the Freedom of Information Act requires exhaustion of administrative remedies prior to seeking judicial review. See Voinche v. United States Dep’t of Air Force, 983 F.2d 667 (5th Cir. 1993). Plaintiffs original request was ripe for this court to hear because he had exhausted the appeal procedures of 5 U.S.C. § 552(a)(6). Although tardy and forthcoming only after plaintiff filed suit, the FBI’s response has rendered this claim moot. Consequently, no genuine issue of material fact remains for trial, and the defendant is entitled to summary judgment as a matter of law. If plaintiff wishes to challenge the sufficiency of the response, then he first must do this administratively. As for plaintiffs new list of desired documents, he must start again at the beginning by requesting these from the agency. Having the court’s ear, the plaintiff no doubt hoped to circumvent a sequel to what he perceived to be dilatory treatment of his first request. While we do not lack understanding for Mr. Voinche’s desire to bypass this process, we cannot serve as an express lane. We do urge, however, that this time his requests be treated with the promptness required by the Act.
For these reasons, the plaintiffs motion for release of records and for a Vaughn index is DENIED. The defendant’s motion for summary judgment is GRANTED.
Reference
- Full Case Name
- Woody VOINCHE v. FEDERAL BUREAU OF INVESTIGATION and U.S. Department of Justice
- Status
- Published