Ford v. Department of Justice

208 F. Supp. 3d 237, 2016 WL 5314064
CourtDistrict Court, District of Columbia
DecidedSeptember 22, 2016
DocketCivil Action No. 15-0808 (BAH)
StatusPublished
Cited by18 cases

This text of 208 F. Supp. 3d 237 (Ford v. 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
Ford v. Department of Justice, 208 F. Supp. 3d 237, 2016 WL 5314064 (D.D.C. 2016).

Opinion

MEMORANDUM OPINION

BERYL A. HOWELL, United States District Judge

The plaintiff, John A. Ford, filed this action under the Freedom of Informátion Act (“FOIA”), 5 U.S.C. § 552, demanding that the United States Department of Justice (“DOJ”), the Federal Bureau of Investigation (“FBI”) and the Executive Office for United States Attorneys (“EOUSA”) “hand over records concerning Plaintiff,” in response to his multiple FOIA requests, Compl. at 1, ECF No. 1, and that the FBI amend records maintained in its Central Records System (“CRS”), pursuant to the Privacy Act, 5 U.S.C. § 552a, id. at 13. Pending before the Court is the defendants’ Motion for Summary Judgment, ECF No. 18, which, for the reasons discussed below, is granted.

I. BACKGROUND

The plaintiff “is currently serving a 240 month sentence ... after pleading guilty to one count of bank robbery by violence, force, and intimidation in connection with the robbery of the US Bank at 1586 North Rand Road, Palatine, Illinois on November 20, 2007.” Mem. of P. & A. in Support of U.S. Dep’t of Justice’s Mot. for Summ. J. (“Defs.’ Mem.”), Deck of David M. Hardy (“First Hardy Deck”) ¶ 5. In 2014 and 2015, the plaintiff submitted over ten FOIA requests to the FBI and EOUSA. The searches conducted by the FBI and EOUSA and the responses provided to the plaintiffs requests are described below.

A. The Defendants’ Searches for Responsive Records1

The plaintiffs multiple FOIA requests to the FBI “sought specific items from his investigative main file (91A-CG-128167) or associated sub[-]files.” First Hardy Deck ¶ 46. Since the plaintiff “identified the specific file number” in which responsive records would be located, the FBI’s declarant' states that staff “searched the CRS only to confirm the file at issue was [the] plaintiffs investigative file.” Id. ¶ 45. The CRS [242]*242“is an extensive system of records consisting of applicant, investigative, intelligence, personnel, administrative, and general files compiled and maintained ... in the course of fulfilling [the FBI’s] integrated missions and functions as a law enforcement, coun-terterrorism and intelligence agency to include performance of administrative and personnel functions.” Id.

The FBI’s declarant described the agency’s practice is “to search the [CRS] to determine if the FBI has records about a particular subject in response to most [FOIA] requests.” Id. Due to the nature of the plaintiffs requests for items, staff did not limit the search to CRS but also “retrieved the physical file, including sub-files[,] and manually search[ed] for the specific items” identified by the plaintiff in his requests. Id. ¶ 46. The declarant explained that “the FBI was able to locate almost all of the specific items ... requested,” with the exception of “the item related to a dust mask[.]” Id.

The EOUSA’s search was likewise guided by the plaintiff’s request. He indicated that his criminal trial took place in the Northern District of Illinois and, consequently, the EOUSA referred the matter to the United States Attorney’s Office for that district (“USAO/ILN”), where its FOIA Contact conducted the search for records responsive to Requests 2012-3780, 2014-0292 and 2015-0316. See Jolly Decl. ¶¶ 28, 30. The search began with LIONS, a “computer tracking system used by United States Attorney’s Offices to track cases and retrieve files pertaining to cases and investigations.” Id. ¶ 28. Through LIONS, the declarant explained, “the user can access databases ... to retrieve information based on a defendant’s or individual’s name, the USAO number (United States Attorney’s Office’s internal administrative number), and the district court case number.” Id.

On October 22, 2012, the FOIA Contact searched LIONS, the U.S. District Court, Northern District of Illinois, Case Management and Electronic Case Files (CM-ECF) database, an older database called PROMIS, and the USAO/ILN’s microfiche file system using variations of plaintiffs name as search terms. Defs.’ Mem., Decl. of Sharon Getty (“Getty Decl.”) ¶ 6. She learned from these sources the caption and case number of plaintiffs criminal case and the lead Assistant United States Attorney (“AUSA”) to whom the criminal case was assigned. Id. From the AUSA, the FOIA Contact “gather[ed] the requested records” and forwarded them to the EOUSA. Id. ¶ 7.

Upon receipt of Request 2014-0292, the FOIA Contact searched the LIONS database system, the federal district court’s CM-ECF database, PROMIS and microfiche at the USAO/ILN. Id. ¶ 9. She determined that this request “was the same request that [the plaintiff] submitted in ... Request No. 2012-3870,” and that she had provided these records previously to the EOUSA. Id. ¶ 10. She searched the plaintiffs criminal case file and was unable to locate “the requested videos and video stills.” Id. In addition, the FOIA Contact obtained from the lead FBI agent assigned to the matter “[five] potentially responsive pages that the FBI had in its possession relating to this request.” Id. ¶ 14. Neither of the EOUSA’s declarants was aware of any other location where responsive records likely would be located. Id. ¶ 15; Jolly Decl. ¶ 28.

B. FOIA and Privacy Act Requests to the FBI

1. FOIPA Request Number 1260039-000

The plaintiffs many FOIA requests to the FBI all sought information related to the bank robbery for which he was convicted. For example, the plaintiff requested [243]*243videotapes and photos taken in and around the bank at or near the time of the robbery, see generally First Hardy Deck ¶¶ 6, 12, and other evidence, such as latent prints, retrieved from the crime scene, see id. ¶¶ 9, 11. These requests were combined and assigned a single tracking number, FOIPA Request Number 1260039-000. See id. ¶¶ 7, 10. The FBI responded by releasing nine pages out of 105 pages reviewed, after having withheld certain information under Exemptions 6, 7(C), and 7(E). Id. ¶ 14; see id., Ex. I (Letter to plaintiff from David M. Hardy, Section Chief, Record/Information Dissemination Section, Records Management Division, FBI, dated September 29, 2014). In addition, the FBI withheld in full “a CD containing ... bank surveillance video material [under Exemption 7(E) ].” Id. ¶ 14.

The plaintiff administratively appealed the FBI’s determination to the DOJ’s Office of Information Policy (“OIP”), see id. ¶ 15, and the OIP affirmed, id. ¶ 17, explaining that “[t]he FBI properly withheld certain information because it is protected from disclosure under the FOIA pursuant to [Exemptions 6, 7(C) and 7(E) ],” id., Ex. L (Letter to plaintiff from Sean R. O’Neill, Chief, Administrative Appeals Staff, OIP, dated February 28, 2015) at 1.

2.FOIPA Request Number 1260039-001

The plaintiffs next request to the FBI pertained to a mask worn by the bank robber. Id. ¶ 18; see id., Ex. M (Freedom of Information/Privacy Act Request dated October 26, 2014). He was advised that the FBI “was unable to identify main file records responsive to [this] request.” Id. ¶ 19; see id., Ex.

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