Negley v. Federal Bureau of Investigation
Opinion of the Court
JUDGMENT
This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs and arguments of the parties. For the reasons stated in the accompanying memorandum, it is
ORDERED AND ADJUDGED that the judgment of the district court be reversed and that the case be remanded to the district court for further proceedings consistent with the accompanying memorandum.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after the disposition of any timely petition for rehearing or rehearing en banc. See Fed. R. App. P. 41(b); D. C. Cir. Rule 41.
MEMORANDUM
In this case, we review the district court’s grant of summary judgment in a suit under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, to obtain records from the Federal Bureau of Investigation (“FBI”). We conclude that the district court erred in its application of res judicata and that summary judgment was otherwise inappropriate.
I
Under Department of Justice regulations governing FOIA requests, a person requesting “records held by a field office of the [FBI] ... must write directly to that FBI ... field office address.” 28 C.F.R. § 16.3(a). On October 7, 1999, appellant James Lutcher Negley submitted a FOIA request to the Sacramento field office of the FBI, seeking records concern
When Negley studied the pages that he obtained from the FBI’s Sacramento field office, he found references to file number “149A-SF-106204.” Negley concluded these references were to a San Francisco file, so on January 16, 2002, he submitted a FOIA request to the San Francisco field office of the FBI, seeking “any records about me maintained at and by the FBI in your field office.” In a supplemental request, he specifically referenced file number “149A-SF-106204-Sub S-1575.” A letter from the U.S. Department of Justice Office of Information and Privacy, dated September 30, 2002, informed Negley that, although he is not the subject of any “main file” in San Francisco, he is “mentioned briefly” in file 149A-SF-106204, “the subjects of which are other individuals or organizations.” The letter went on to explain that the relevant records in 149A-SF-106204 were merely duplicates of records Negley had previously obtained from the Sacramento office. The letter added: “Please be advised that the records that consist of the San Francisco Field Office’s 149A-SF-106204-S-1575 are not ... responsive to your request for records concerning you.” Though the relevant records in 149A-SF-106204 were duplicates of records the FBI’s Sacramento office had already made available, the FBI’s San Francisco office eventually made available 46 pages, several with redactions, and it stated it was withholding one page.
On October 17, 2003, Negley filed this action, in which he argues: (1) the FBI is withholding additional records, and (2) the one page the FBI admits it is withholding and the redactions on the other pages do not fall within applicable FOIA exemptions. The district court granted summary judgment based on res judicata, citing Negley’s previous lawsuit to obtain records from the FBI’s Sacramento office. The district court also relied on an FBI affidavit.
II
In basing its decision on res judicata, the district court made clear it was not referring to the previous adjudication of a specific factual or legal issue but to the previous adjudication of the entire cause of action. The district court’s application of res judicata in this context was error.
As the district court noted in its statement of the res judicata doctrine, “a judgment on the merits in a prior suit bars a second suit involving the same parties or their privies based on the same cause of action.” Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326 n. 5, 99 S.Ct. 645, 58 L.Ed.2d 552 (1979). In this context, the term “cause of action” is used broadly to refer to any two actions that have the same “nucleus of facts.” Page v. United States, 729 F.2d 818, 820 (D.C.Cür. 1984); see also Drake v. FAA, 291 F.3d 59, 66 (D.C.Cir . 2002); I.AM. Nat’l Pension Fund v. Indus. Gear Mfg. Co., 723 F.2d 944, 946-47 (D.C.Cir. 1983).
A lawsuit aimed at obtaining FBI records stored in Sacramento as of October 7, 1999, does not involve the same “nucleus of facts” as a lawsuit aimed at obtaining FBI records stored in San Francisco as of Jan
Ill
Though the district court found Negley’s claim barred by res judicata, it went on to consider on the merits whether “the FBI’s search for responsive documents was inadequate and [whether] there exist additional documents responsive to [Negley’s] FOIA request.” We therefore also address this issue.
FOIA requires “each agency, upon any request for records which (i) reasonably describes such records and (ii) is made in accordance with published rules ..., [to] make the records promptly available to any person.” 5 U.S.C. § 552(a)(3)(A). A party requesting records may file an action in federal district court to compel access, and the court determines the matter de novo, but in any such action, the “court shall accord substantial weight to an affidavit of an agency.” Id. § 552(a)(4)(B). Moreover, “[a]gency affidavits are accorded a presumption of good faith which cannot be rebutted by purely speculative claims about the existence and discoverability of other documents.” SafeCard Services, Inc. v. SEC, 926 F.2d 1197, 1200 (D.C.Cir. 1991) (internal quotation marks and citation omitted). The principal standard to which the agency is held is one of reasonableness. “[A]ffidavits that explain in reasonable detail the scope and method of the search conducted by the agency will suffice to demonstrate compliance with the obligations imposed by the FOIA.” Meeropol v. Meese, 790 F.2d 942, 952 (D.C.Cir. 1986); see also Campbell v. U.S. Dep’t of Justice, 164 F.3d 20, 27 (D.C.Cir. 1998); Oglesby v. Dep’t of the Army, 920 F.2d 57, 68 (D.C.Cir. 1990). Moreover, a district court may grant summary judgment based on an agency affidavit, so long as the record contains no contrary evidence or evidence of agency bad faith. Military Audit Project v. Casey, 656 F.2d 724, 738 (D.C.Cir. 1981); Hayden v. National Sec. Agency/Central Secret Service, 608 F.2d 1381, 1387 (D.C.Cir. 1979). In addition,
Here, the trial court found the FBI’s affidavit “sufficient to demonstrate the adequacy of the FBI’s search.” The court noted that the affidavit “identifies the affiant, his respective position within the FBI, the search term used, ... the treatment of [Negley’s] FOIA request!,] • • • the FBI’s procedure regarding FOIA requests!,] and the mechanics and scope of a [Central Records System] search.” The affidavit also asserts the FBI’s full compliance with the requirements of FOIA. Negley, however, argues the affidavit is inadequate because it does not specifically indicate a search of “File Sub-S” and “File S-1575.” These terms appear to refer to files somehow related to file 149A-SF-106204, because “SUB S” and “S-1575” sometimes appear as suffixes to “149A-SF-106204” on documents the FBI made available.
In our assessment, the record, including the correspondence between Negley and the FBI, raises sufficient doubt about the scope of the FBI’s search to preclude summary judgment. In Valencia-Lucena v. U.S. Coast Guard, 180 F.3d 321, 326 (D.C.Cir. 1999), we indicated that an agency should “expressly demonstrate! ] ... that [it] focused its search on the specific documents] requested.” Negley’s handwritten amendment to his original FOIA request stated: “As you can see my San Francisco FBI file no. is 149A-SF-106204-Sub S-1575. Please amend my 1/16/2002 FOIA request to your office to include this file no. as well as any others.” Subsequent correspondence between the parties does not refer precisely to “149A-SF-106204-Sub S-1575,” instead referring variously to “149A-SF-106204-S-1575,” “149A-SF-106204-1575,” and “Sub S-1575.” Other evidence in the record refers to “149A-SF-106204 SUB S” and “149A-SF-106204 SUB S0-3041.” Nowhere does the FBI clarify whether any of these various file references are synonymous, and more important, whether it actually searched “149A-SF-106204-Sub S-1575” as Negley explicitly requested, assuming such a file exists. While we can make reasonable guesses about the answers to these questions, in the absence of specific clarification, we think the district court erred in finding the FBI’s affidavit sufficient to support summary judgment.
Reference
- Full Case Name
- James Lutcher NEGLEY v. FEDERAL BUREAU OF INVESTIGATION
- Cited By
- 34 cases
- Status
- Published