Allen v. Federal Bureau of Prisons

CourtDistrict Court, District of Columbia
DecidedFebruary 8, 2019
DocketCivil Action No. 2016-0708
StatusPublished

This text of Allen v. Federal Bureau of Prisons (Allen v. Federal Bureau of Prisons) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. Federal Bureau of Prisons, (D.D.C. 2019).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ISAAC KELVIN ALLEN, : : Plaintiff, : : v. : Civil Action No. 16-0708 (CKK) : FEDERAL BUREAU OF PRISONS, : : Defendant. :

MEMORANDUM OPINION AND ORDER

Isaac Kelvin Allen brings this action under the Freedom of Information Act (“FOIA”),

see 5 U.S.C. § 552, against the Federal Bureau of Prisons (“BOP”), a component of the United

States Department of Justice (“DOJ”). This matter is before the Court on Defendant’s Third

Renewed Motion for Summary Judgment, ECF No. 49, and its four supporting declarations.1

1 Defendant incorporates its prior dispositive motions by reference, see Def.’s Mot. at 1 n.1, and relies on four declarations of Viola Mack, a Paralegal Specialist at the BOP’s South Central Regional Office:

▪ Declaration of Viola Mack, ECF No. 11-2 (“First Mack Decl.”) ▪ Supplemental Declaration of Viola Mack, ECF No. 27-3 (“Supp. Mack Decl.”) ▪ Supplemental Declaration of Viola Mack in Response to Court’s Memorandum Opinion and Order of July 11, 2017, ECF No. 39-1 (“2d Supp. Mack Decl.”) ▪ Third Supplemental Declaration of Viola Mack in Response to Court’s Memorandum Opinion and Order of February 15, 2018, ECF No. 49-1 (“3d Supp. Mack Decl.”).

In addition, the Court considers the following documents and their attachments/exhibits:

▪ Compl., ECF No. 1 ▪ Defendant’s Second Renewed Motion for Summary Judgment, ECF No. 39 ▪ Request to Deny Defendant’s Second Renewed Motion for Summary Judgment, ECF No. 42 ▪ Reply in Support of Defendant’s Second Renewed Motion for Summary Judgment, ECF No. 43 ▪ Defendant’s Third Renewed Motion for Summary Judgment, ECF No. 49 ▪ Opposition to Defendant’s Third Renewed Motion for Summary Judgment, ECF No. 51 ▪ Reply in Support of Defendant’s Third Renewed Motion for Summary Judgment, ECF No. 54

1 For the reasons discussed below, the Court will grant the motion in part and deny the motion in

part without prejudice.

I. BACKGROUND A. Plaintiff and his FOIA Request

Plaintiff was convicted in the United States District Court for the Middle District of

Florida for making false statements, see 18 U.S.C. § 1014, and aggravated identity theft, see 18

U.S.C. § 1028A(a)(1), and is serving a 198-month term of incarceration. See First Mack Decl. ¶

2. He was designated to a Federal Correction Complex (“FCC”) in Coleman, Florida from

March 2008 through February 2012. Supp. Mack Decl. ¶ 2. In February 2012, he was

transferred from FCC Coleman to the United States Penitentiary in Beaumont, Texas (“USP

Beaumont”), id. ¶ 2, and in February 2018 to the Federal Correctional Institution in Jesup,

Georgia, 3d Supp. Mack Decl. ¶ 8.

The Trust Fund Limited Inmate Computer System (“TRULINCS”) is a system through

which inmates in BOP custody “manage their contact list[s] (email[,] postal mail, telephone and

video sessions), communicate with the public via email, view financial account transactions,

print postal mailing labels, perform electronic law library research, [and] manage their finances.”

2d Supp. Mack Decl. ¶ 10; see generally Program Statement 4500.11, Trust Fund/Deposit Fund

Manual, Ch. 14 (Apr. 9, 2015). “Plaintiff’s access to the []BOP’s TRULINCS messaging system

is under a 21 year suspension[.]” Compl. ¶ 6. Plaintiff claims that he “has never been presented

an official copy of the reason” for the TRULINCS suspension, id., and by means of a FOIA

request to BOP’s Central Office in December 2015, First Mack Decl. ¶ 9, plaintiff sought a

written explanation, Compl. ¶ 10; see First Mack Decl., Attach. 2 at 1.

2 B. BOP’s Search for and Release of Responsive Records

BOP Central Office staff determined that records responsive to the request, assigned

tracking number 2016-01713, most likely would be found in plaintiff’s central file, First Mack

Decl. ¶¶ 10-11, which would have been maintained at plaintiff’s then-current designated

institution, id. ¶ 10, USP Beaumont, id. ¶ 2. Accordingly, Central Office staff forwarded the

request to the South Central Regional Office (“SCRO”), id. ¶¶ 6, 9, in Grand Prairie, Texas, id. ¶

1, for processing. SCRO staff, in turn, contacted the Legal Liaison at the FCC Beaumont by

email with instructions to search plaintiff’s central file. Id. ¶ 10.

The search yielded copies of two reports totaling 11 pages. See id. ¶ 12; Supp. Mack

Decl. ¶ 5. The first was a “Special Investigative Services SIS Report (‘SIS Report’) . . .

describing the investigation of [p]laintiff’s identity theft and tax fraud scheme” that FCC

Coleman staff conducted and which concluded in July 2011. Supp. Mack Decl. ¶ 5.a. The last

page indicated that the SIS Report had four attachments: Threat Assessment Checklist, Detention

Order, Staff Memorandum, and SENTRY Data. 2d Supp. Mack Decl. ¶ 6; id., Ex. 1 at 8. None

of the SIS Report’s attachments was found in plaintiff’s central file. Id. ¶ 6. The second report

was “titled TRULINCS Restricted or Limited Access Request (‘TRULINCS Report’), from USP

Beaumont, which was generated in February – March 2012[.]” Supp. Mack Decl. ¶ 5.b. On

January 12, 2016, BOP released two pages in full, released seven pages in part, and withheld two

pages in full, First Mack Decl. ¶ 12, relying on FOIA Exemptions 7(C), 7(E) and 7(F), Supp.

Mack Decl. ¶ 6.

“Upon further consultation with BOP staff,” BOP’s declarant learned that the SIS

Report’s attachments “might . . . be located in a separate SIS file at [FCC Coleman] where

[p]laintiff [had been] confined and where the investigation took place.” 3d Supp. Mack Decl. ¶

3 10. She then “directed SIS staff at FCC Coleman to search for the missing attachments . . . or

any other responsive records in that file[.]” Id. This search yielded 131 more pages “comprising

the four missing attachments to the SIS report[.]” Id. On April 13, 2018, BOP hand delivered to

plaintiff a three-page “threat assessment checklist” in full and the remaining attachments in part,

relying on FOIA Exemptions 7(C) and 7(F). See id. ¶¶ 11, 13-16.

C. Defendant’s Dispositive Motions

Defendant has filed four dispositive motions. Initially defendant moved to dismiss or for

summary judgment arguing that plaintiff had not exhausted his administrative remedies prior to

filing this action. See Def.’s Mot. to Dismiss or Alternatively for Summ. J. (ECF No. 11).

Defendant withdrew this motion, see Def.’s Notice of Withdrawal of Mot. to Dismiss (ECF No.

19), and filed a renewed summary judgment motion, see Def.’s Renewed Mot. for Summ. J.

(ECF No. 27), on December 8, 2016. Plaintiff opposed the motion, see Request to Deny Def.’s

Renewed Mot. for Summ. J. (ECF No. 29) on January 17, 2017, and on July 11, 2017, the Court

granted the motion in part and denied it in part, see Mem. Op. and Order (ECF No. 36),

concluding that BOP’s search of plaintiff’s central file for records responsive to his FOIA

request was adequate and that its explanation for withholding certain information under

Exemptions 7(C), 7(E) and 7(F) was insufficient.

Defendant’s third motion, see Def.’s Second Renewed Mot. for Summ. J. (ECF No. 39),

addressed the exemptions, and plaintiff filed his opposition on December 4, 2017, see Request to

Deny Def.’s Second Renewed Mot. for Summ. J. (ECF No. 42, “Pl.’s Opp’n to 2d Renewed

Mot.”).

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