Anderson v. United States Department of Justice

518 F. Supp. 2d 1, 2007 U.S. Dist. LEXIS 21082
CourtDistrict Court, District of Columbia
DecidedMarch 26, 2007
DocketCivil Action 05-2294 (PLF)
StatusPublished
Cited by20 cases

This text of 518 F. Supp. 2d 1 (Anderson v. United States Department of Justice) 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
Anderson v. United States Department of Justice, 518 F. Supp. 2d 1, 2007 U.S. Dist. LEXIS 21082 (D.D.C. 2007).

Opinion

OPINION

PAUL L. FRIEDMAN, District Judge.

This matter is before the Court on defendant’s motion for summary judgment. Having considered the motion, plaintiffs opposition, defendant’s reply, and the entire record of this case, the Court grants summary judgment for defendant.

I. BACKGROUND

At issue in this case are three requests for information plaintiff submitted to the Drug Enforcement Administration (“DEA”) under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. See Compl. at 4. The requests pertain to the activities of the New Orleans Field Division Task Force, which was established in 1994 pursuant to a written agreement between the DEA and the Tangipahoa Parish Sheriffs Office. Id., Ex. (State and Local Task Force Agreement). 1 The Task Force targeted illicit drug trafficking in the Louisiana Gulf Coast area. Among other things, the Task Force Agreement requires the Tangipahoa Parish Sheriffs Office to “permit and have readily available for examination and auditing by DEA ... any and all records, accounts, invoices, receipts or expenditures relating to this agreement.” Id. ¶ 10. In addition, the agreement requires that office to “comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulations of the Department of Justice impending that law, 28 CFR Part 42, subparts C and D.” Id. ¶ 11.

A Request Number 0I-1286-F

In May 2004, plaintiff sent a letter to DEA requesting “statistical information regarding the New Orleans’ DEA ... concerning Controlled Substances; the arrest, conviction, ethnicity, race, color, probation, sentence, parole, type of drugs, and so fourth,” in the years 1994 and 1995. Memorandum of Points and Authorities in Support of Defendant’s Motion for Summary Judgment (“Def.’s Mot.”), Attach. (“Ode-gard Decl.”), Ex. 8 (May 17, 2004 letter to K.L. Myrick, Chief, Operations Unit, FOI/Records Management Section, DEA). Notwithstanding plaintiffs reference to a prior FOIA request, DEA construed his May 17, 2004 letter as a new request, and assigned it Request No. 04-1286-F. Id. ¶ 14 & Ex. 4 (June 1, 2004 letter from K.L. Myrick). 2

DEA released 11 pages of records which presented in chart form the New Orleans *5 Field Office’s arrests and convictions by race and ethnicity and by drug category. Odegard Decl. ¶ 17. Plaintiff did not appeal DEA’s response. Id. ¶ 18; see Memorandum of Points and Authorities Against Defendant’s Motion for Summary Judgment (“Pl.’s Opp’n”), Attach. (Affirmance and Objections to Declaration of Adele H. Odegard) ¶ 18. 3

B. Request Number 04-1490-F

Plaintiffs FOIA request to the “Office of Operations and Management Coordinator and Administers [sic] of the Drug Enforcement Administration (DEA) State and Local Tasdk [sic] Forece [sic] Program” requested 13 items or types of information. Odegard Decl. ¶¶ 18-19 & Ex. 13 (June 14, 2004 letter). In response to the request, assigned Request No. 04-1490-F, DEA notified plaintiff that the agency’s Statistical Services Section “did not possess data on specific task forces,” and could retrieve data only “by state or DEA field division, not by parish.” Id. ¶ 22 & Ex. 16 (November 17, 2004 letter from K.L. Myrick). On administrative appeal to the Justice Department’s Office of Information and Privacy (“OIP”), the matter was remanded to DEA for further processing. Id. ¶25 & Ex. 19 (March 4, 2005 letter from R.L. Huff, Co-Director, OIP). OIP staff concluded that plaintiffs request, though not clearly enunciated, was broader than a request for statistical information. Id. ¶¶ 27-28. Subsequent searches led to the release of 17 redacted pages of records, and the withholding of two pages of records in full. Id. ¶ 28.

C. Request Number 04-1491-F

Plaintiffs July 7, 2004 letter to DEA acknowledged receipt of the records released in response to Request No. 04-1286-F, and asked that DEA “narrow the statistics down to Tangipahoa Parish or to the Standard State and Local Task Force Agreement between the Sheriff of that Parish and the DEA Field Division of New Orleansf ] ... for the years in question, 1994-1995.” Odegard Decl., Ex. 20 (July 7, 2004 letter addressed to Ms. Drewery). DEA treated this letter as a new FOIA request, assigned Request Number 04-1491-F. Id. ¶ 30.

DEA notified plaintiff that its Statistical Services Section did not maintain statistics for specific task forces or by city, county, or parish. Odegard Decl. ¶ 31 & Ex. 21 (November 17, 2004 letter from K.L. Myr-ick). OIP affirmed this decision on administrative appeal. Id. ¶ 34 & Ex. 24 (February 2, 2005 letter from R.L. Huff).

II. DISCUSSION

Plaintiff views all of his FOIA requests to DEA collectively as an ongoing search for statistical information to explain his prosecution in a federal district court rather than in the state courts of Louisiana after his arrest by agents participating in the New Orleans Field Division Task Force. See Pl.’s Opp’n (Affirmance and Objections) at 7, 20-21.

A Summary Judgment Standard

The Court may grant a motion for summary judgment if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits or *6 declarations, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). The moving party bears the burden of demonstrating an absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Factual assertions in the moving party’s affidavits may be accepted as true unless the opposing party submits his own affidavits or declarations or documentary evidence to the contrary. Neal v. Kelly, 963 F.2d 453, 456 (D.C.Cir.1992).

In a FOIA case, the Court may grant summary judgment based on the information provided in affidavits or declarations when the affidavits or declarations describe “the documents and the justifications for nondisclosure with reasonably specific detail, demonstrate that the information withheld logically falls within the claimed exemption, and are not controverted by either contrary evidence in the record nor by evidence of agency bad faith.” Military Audit Project v. Casey,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Al-Turki v. Department of Justice
175 F. Supp. 3d 1153 (D. Colorado, 2016)
Wadelton v. Department of State
106 F. Supp. 3d 139 (District of Columbia, 2015)
Jean-Pierre v. Federal Bureau of Prisons
880 F. Supp. 2d 95 (District of Columbia, 2012)
Debrew v. Atwood
847 F. Supp. 2d 95 (District of Columbia, 2012)
Nance v. Federal Bureau of Investigation
845 F. Supp. 2d 197 (District of Columbia, 2012)
Callaway v. United States Department of Treasury
824 F. Supp. 2d 153 (District of Columbia, 2011)
Jimenez v. Executive Office for United States Attorneys
764 F. Supp. 2d 174 (District of Columbia, 2011)
Saldana v. Federal Bureau of Prisons
715 F. Supp. 2d 10 (District of Columbia, 2010)
Harrison v. Federal Bureau of Prisons
District of Columbia, 2009
Bullock v. Federal Bureau of Investigation
577 F. Supp. 2d 75 (District of Columbia, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
518 F. Supp. 2d 1, 2007 U.S. Dist. LEXIS 21082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-united-states-department-of-justice-dcd-2007.