Casey v. Fed. Bureau of Investigation
Casey v. Fed. Bureau of Investigation
Opinion of the Court
Plaintiff, appearing pro se , challenges the Federal Bureau of Investigation's refusal to confirm or deny records responsive to his request under the Freedom of Information Act ("FOIA"). The FBI has moved for summary judgment under Federal Rule of Civil Procedure 56 (ECF No. 23). For the reasons explained below, the motion will be GRANTED.
I. BACKGROUND
On June 29, 2016, Plaintiff requested "Form 302 of interviews" of six named individuals "concerning the investigation of the murder of Ryan Vanderson and Larrick Sikes," and an "index of available documents." (Decl. of David M. Hardy, ECF No. 23-1, Ex. A). On July 15, 2016, Defendant informed Plaintiff that in order to process his request for third-party records, it would need "an authorization and consent" from each person, proof of the person's death, or "a justification that the public interest in disclosure outweighs personal privacy[.]" (Id. , Ex. B). Otherwise, Defendant informed, it could neither confirm nor deny the existence of the requested records, which is commonly referred to as a Glomar response.
In a letter dated July 25, 2016, Plaintiff replied that he was seeking disclosure in the public interest. He explained that he was convicted of a homicide in "an unfair trial in which state actors representing my rights refused to seek dismissal of the case." (Hardy Decl., Ex. C). Plaintiff proceeded to explain "the real facts," exonerating him of the murder. He concluded: "Not only is it a public interest that criminals be apprehended in this case, the undersigned has a right to the information because his due process rights have been violated." (Id. at 3). Plaintiff faulted the investigation of the Lee County and Collier County Sheriff's Offices, and wrote that the "FBI's investigation ... has been thwarted by the false statements given to investigators by the names listed." (Id. ).
Defendant rejected Plaintiff's public interest assertion in a letter dated August 9, 2016, explaining that he had not provided "sufficient documentation demonstrating [that] the public interest in the operations and activities of the government outweighs the substantial privacy interest of the subject." (Hardy Decl., Ex. D). Defendant repeated its Glomar response and invocation of exemptions 6 and 7(C), closed the FOIA request, and informed Plaintiff that he could reopen the request only by providing a third-party privacy waiver or proof of the third-party's death. (Id. , Ex. D). Plaintiff appealed Defendant's decision to the Office of Information Policy, which affirmed the decision on October 16, 2016. (Hardy Decl., Exs. E, G). Plaintiff filed this action, construed as brought under the FOIA, in January 2017. (See Jan. 4, 2017 Order, ECF No. 3).
II. LEGAL STANDARD
Summary judgment is appropriate where the record shows there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(a) ; Celotex Corp. v. Catrett ,
In FOIA cases, summary judgment may be based solely on information provided in the agency's supporting declarations. See ACLU v. U.S. Dep't of Def. ,
If an agency's affidavit describes the justifications for withholding the information with specific detail, demonstrates that the information withheld logically falls within the claimed exemption, and is not contradicted by contrary evidence in the record or by evidence of the agency's bad faith, then summary judgment is warranted on the basis of the affidavit alone.
*212ACLU ,
III. ANALYSIS
A Glomar response permits an agency to "refuse to confirm the existence of records where to answer the FOIA inquiry would cause harm cognizable under a[ ] FOIA exemption." Wolf v. CIA ,
To rebut a Glomar response, a plaintiff need only point to an official prior disclosure that "establishes the existence (or not) of records responsive to the FOIA request," Wolf ,
Defendant's declarant explains that a Glomar response "is necessary because members of the public are likely to draw adverse inferences from the mere fact that an individual is mentioned in the files of a law enforcement agency such as the FBI, as this may cast the individual in an unfavorable or negative light." (Id. ¶ 14). Moreover, the confirmation of such records could expose the subjects to the types of harm Exemption 7(C) is intended to shield, including "unsolicited and unnecessary attention." (Id. ).
Despite the fact that the court previously advised Plaintiff that Defendant's factual assertions may be deemed admitted if not countered with contrary evidence, (Mar. 31, 2017 Order, ECF No. 25), Plaintiff has not rebutted Defendant's properly justified Glomar response, but has instead renewed his previously rejected motions that have nothing do with FOIA. (See Mot. to Strike and Orders to Show Cause, ECF No. 26; Mot. to Set Hearing on Mot. to Construe Pleading as
IV. CONCLUSION
For the foregoing reasons, Defendant's motion for summary judgment will be GRANTED. A corresponding order will issue separately.
A Glomar response has its origins in "a case concerning a FOIA request for records relating to an underwater sea craft called the 'Glomar Explorer.' " Nation Magazine, Wash. Bureau v. U.S. Customs Serv. ,
Apart from the Glomar response, Plaintiff's public interest claim at the administrative level (see Ex. C of Hardy Decl.) simply fails to override the privacy interests at stake. "Where the privacy concerns addressed by Exemption 7(C) are present, ... [the requester] must show that the public interest sought to be advanced is a significant one, an interest more specific than having the information for its own sake [and that] ... the information is likely to advance that interest." National Archives and Records Admin. v. Favish ,
Reference
- Full Case Name
- Brian M. CASEY v. FEDERAL BUREAU OF INVESTIGATION
- Cited By
- 5 cases
- Status
- Published