Hedrick v. Federal Bureau of Investigation

216 F. Supp. 3d 84, 2016 U.S. Dist. LEXIS 146682, 2016 WL 6208361
CourtDistrict Court, District of Columbia
DecidedOctober 24, 2016
DocketCivil Action No. 2015-0648
StatusPublished
Cited by39 cases

This text of 216 F. Supp. 3d 84 (Hedrick v. Federal Bureau of Investigation) 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
Hedrick v. Federal Bureau of Investigation, 216 F. Supp. 3d 84, 2016 U.S. Dist. LEXIS 146682, 2016 WL 6208361 (D.D.C. 2016).

Opinion

MEMORANDUM OPINION

KETANJI BROWN JACKSON, United States District Judge

Pro se plaintiff Robert L. Hedrick (“Hedrick”) is currently incarcerated in Butner, North Carolina due to a conviction for distribution of child pornography (and other similar federal crimes) in the Southern District of Texas. In August of 2013, Hedrick submitted two FOIA requests to Defendant Federal Bureau of Investigation (“FBI”), seeking records relating to *87 any investigation that the FBI had conducted in connection with his prosecution for the child pornography offenses, as well as records related to his contact with the FBI regarding an alleged smuggling conspiracy. (See Compl., ECF No. 1, at 2; see also FOIA Requests, Exs. A & B to Compl., ECF No. 1-1, at 2-6.) 1 In response to these FOIA requests, the FBI released to Hedrick a redacted two-page summary of an interview of him that two FBI agents purportedly conducted; the FBI maintained that the redactions related to personal identifying information that FOIA Exemptions 6 and 7(C) protect. In the instant five-count complaint, which was initially filed on April 28, 2015, and supplemented on September 14, 2015, Hedrick challenges the adequacy of the FBI’s response to his FOIA requests.

Before this Court at present is the FBI’s motion for summary judgment. (Def.’s Mot. for Summ. J. (“Def.’s Mot.”), ECF No. 14.) 2 The FBI argues that it is entitled to summary judgment with respect to Hedrick’s entire complaint because the agency conducted an adequate search for responsive documents and properly invoked FOIA Exemptions 6 and 7(C) to withhold portions of the two-page responsive document that it located. (See Mem. in Supp. of Def.’s Mot. for Summ. J. (“Def.’s Mem.”), ECF No. 14-1, at 26-34; Reply in Supp. of Def.’s Mot. for Summ. J. (“Def.’s Reply”), ECF No. 31, at 3-8.) In response, Hedrick expressly concedes any challenge to the redactions that the FBI made to the two-page document pursuant to Exemptions 6 and 7(C). (See Resp. to Mot. for Partial Summ. J. (“Pl.’s Opp’n”), ECF No. 27, at 8-9.) But Hedrick argues that, because the FBI did not search specific field offices in response to his request, it did not conduct an adequate search for records. Hedrick also asserts that the agency is intentionally suppressing additional responsive records related to an alleged smuggling conspiracy that was the subject of his interview with the FBI agents (see id. at 7-8), and he further insists that the document the FBI released to him is “false” and that an unknown person “planted” the document in the FBI’s file (id. at 8). Hedrick asks this Court to order production of the entire file in which the two-page document was found and initiate criminal proceedings against those people who allegedly inserted this “false” document into the file. (See id. at 13, 17.)

On September 30, 2016, this Court issued an order GRANTING the FBI’s motion for summary judgment. (See Order, ECF No. 42.) The instant Memorandum Opinion explains the Court’s reasons for that Order. In short, this Court finds that the FBI conducted an adequate search for records, and that Hedrick’s contention that the FBI is hiding or has destroyed additional responsive records (see Pi’s Opp’n at 5-6) is entirely speculative, and thus insufficient to overcome the presumption of good faith that attaches to the affidavit the FBI has submitted in support of its motion for summary judgment.

1. BACKGROUND

A. The FBI’s Electronic Databases

The FBI utilizes a system known as the Central Records System (“CRS”) to house agency records, including “applicant, investigative, intelligence, personnel, adminis *88 trative, and general files compiled and maintained by the FBI in the course of fulfilling its ... functions as a law enforcement, counterterrorism and intelligence agency[.]” (Decl. of David M. Hardy (“Hardy Decl.”), ECF No. 14-3, ¶ 18.) The CRS “encompasses the records of FBI Headquarters (‘FBIHQ’), FBI Field Offices, and FBI Legal Attaché Offices ... worldwide!,]” and “consists of a numerical sequence of files, called FBI ‘classifications,’ which are organized according to designated subject categories.” (Id. ¶¶ 18-19.) These “categories include types of criminal conduct and investigations conducted by the FBI[.]” (Id. ¶ 19.)

The FBI maintains general indices for the recoi’ds that CRS contains. (See id. ¶20.) These indices “are arranged in alphabetical order and comprise an index on a variety of subject matters!,]” such as individuals, organizations, and subjects of investigative interest. (Id.) Entries fall into two categories: (1) main entries, which “pertain! ] ... to the main subject(s) of a file” and typically bear the name of the individual, organization, or event, and (2) reference entines (or cross-references), which pertain to documents that mention an individual, organization, or event, but are located in a main file that relates to another entity or topic. (Id.) The FBI also maintains a Universal Index (“UNI”), which “is the automated index of the CRS[,] and provides all offices of the FBI with a centralized, electronic means of indexing pertinent investigative information to FBI files for future retrieval via index searching.” (Id. ¶ 23.) Within UNI, an individual’s name may be linked to “identifying information such as date of birth, race, sex, locality, Social Security Number, address, and/or date of an event.” (Id.)

In 1995, the FBI implemented the Automatic Case Support (“ACS”) system, which converted “over 105 million CRS records ... into a single, consolidated case management system accessible by all FBI offices.” (Id. ¶ 22.) The ACS “built upon and incorporated prior automatic FBI indi-ces!,]” such that “a search employing the UNI application of ACS encompasses data that was already indexed into the prior automated systems superseded by ACS.” (Id. ¶ 23.) Thus, “a UNI index search in ACS is capable of locating FBI records created before its ... implementation [in 1995] to the present day in both paper and electronic format;” (Id.)

Then, in 2012, the FBI implemented Sentinel, its next generation case management system. (See id. ¶ 24.) Sentinel “provides a web-based interface ... and ... includes the same automated applications that are utilized in ACS.” (Id.) Although Sentinel houses FBI records and case files created after July 1, 2012, “Sentinel did not replace ACS and its relevance as an important FBI search mechanism.” (Id.) New Sentinel records are “indexed for future retrieval!,]” and “there is an index data sharing nexus between the Sentinel and ACS systems” such that “information indexed into Sentinel [is] also replicated or ‘backfilled’ into ACS.” (Id.)

Given all of these indices and record systems, when the FBI receives a request for records under the FOIA, it “employs an index search methodology” that is “reasonably expected to locate responsive material within the vast CRS [system.]” (Id.

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

Related

Sierra Club v. Palkowski
District of Columbia, 2026
Salah El Dean v. Doe
District of Columbia, 2026
Chen v. District of Columbia
District of Columbia, 2024
Lee v. McDonough
District of Columbia, 2024
Page v. Biden
District of Columbia, 2024
Petway v. Santander Consumer USA Inc.
District of Columbia, 2024
Zano v. Department of Veterans Affairs
District of Columbia, 2024
Lewis v. O'Donnell
District of Columbia, 2024
Parks v. Giant Food Store
District of Columbia, 2023
Plummer v. Bottling Group, LLC
District of Columbia, 2023
Woodson v. Smith
District of Columbia, 2022

Cite This Page — Counsel Stack

Bluebook (online)
216 F. Supp. 3d 84, 2016 U.S. Dist. LEXIS 146682, 2016 WL 6208361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hedrick-v-federal-bureau-of-investigation-dcd-2016.