Hetzler v. Record/Information Dissemination Section, Federal Bureau of Investigation

896 F. Supp. 2d 207, 2012 WL 3886367, 2012 U.S. Dist. LEXIS 126870
CourtDistrict Court, W.D. New York
DecidedSeptember 6, 2012
DocketNo. 07-CV-6399 (MAT)
StatusPublished

This text of 896 F. Supp. 2d 207 (Hetzler v. Record/Information Dissemination Section, Federal Bureau of Investigation) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hetzler v. Record/Information Dissemination Section, Federal Bureau of Investigation, 896 F. Supp. 2d 207, 2012 WL 3886367, 2012 U.S. Dist. LEXIS 126870 (W.D.N.Y. 2012).

Opinion

DECISION AND ORDER

MICHAEL A. TELESCA, District Judge.

I. Introduction

This case arises under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and pertains to a request made by pro se plaintiff Déirdre McKiernan Hetzler (“Hetzler” or “Plaintiff’) for records maintained by the Federal Bureau of Investigation (“FBI”). After searching its records, the FBI determined that 187 pages were responsive to Plaintiffs request. It released 99 pages in full, released 67 pages in part, and withheld 21 pages in full. Defendants claim that the redacted information falls within one or more categories exempting it from disclosure under FOIA.

Defendants have moved for summary judgment under Federal Rule of Civil Procedure (“F.R.C.P.”) 56 asserting that they have established that the redacted material properly is withheld under FOIA exemptions protecting classified information affecting national security interests of the United States; confidential source information; information concerning internal agency rules and procedures; and information that potentially affects the privacy of third parties. Defendants have asserted multiple justifications for non-disclosure of some of the same items.

Plaintiff opposed Defendants’ motion and cross-moved for summary judgment. In her Motion for Summary Judgment, Plaintiff generally argues that Defendants applied the national security and privacy exemptions in an over broad manner, and specifically argues that six of the 187 pages of documents reviewed by the FBI as responsive to her FOIA request were improperly redacted: documents Bates-stamped McKiernan 42, 46, 50, 64, 65, and 97.1 Defendants opposed Plaintiffs motion and submitted a reply to Plaintiffs opposition to their summary judgment motion.

Finding that Defendants’ Vaughri2, index was insufficient to determine whether Defendants had complied with the strictures of FOIA and were entitled to summary judgment, the Court directed Defendants to submit, for an in camera review, unredacted copies of the 67 pages that were partially redacted, along with unredacted copies of the 21 pages that were fully withheld. The Court denied without prejudice the parties’ competing summary judgment motions until it had an opportunity to view the redacted documents.

On August 28, 2012, Defendants, through their attorney, submitted unredacted copies of 80 of the 88 pages requested by the Court. The remaining 8 pages were deemed “Secret” by the FBI, meaning that an individual with the appro[210]*210priate security clearance was required to transport the documents and remain with them during the in camera review. Accordingly, on August 24, 2012, Special Agent Joseph Testani brought the remaining eight documents for the Court to review and then returned them to the local FBI field office.

The matter is now fully submitted and ready for decision. For the reasons that follow, Defendants’ Motion for Summary Judgment is granted in part and denied in part. Plaintiffs Cross-Motion for Summary Judgment is granted in part and denied in part.

II. Discussion

A.General Legal Principles Applicable to FOIA

FOIA provides that “each agency, upon any request for records which (i) reasonably describes such records and (ii) is made in accordance with published rules ..., shall make the records promptly available to any person.” 5 U.S.C. § 552(a)(3)(A). Consistent with this statutory mandate, federal courts have jurisdiction to order the production of records that an agency improperly withholds. See 5 U.S.C. § 552(a)(4)(B); DOJ v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 755, 109 S.Ct. 1468, 103 L.Ed.2d 774 (1989) (“Reporters Comm.”). “Unlike the review of other agency action that must be upheld if supported by substantial evidence and not arbitrary and capricious, the FOIA expressly places the burden ‘on the agency to sustain its action’ and directs the district courts to ‘determine the matter de novo.’ ” Reporters Comm., 489 U.S. at 755, 109 S.Ct. 1468 (quoting 5 U.S.C. § 552(a)(4)(B)). “At all times, courts must bear in mind that FOIA mandates a ‘strong presumption in favor of disclosure’. ...” Nat’l Ass’n of Home Builders v. Norton, 309 F.3d 26, 32 (D.C.Cir.2002) (quoting U.S. Dep’t of State v. Ray, 502 U.S. 164, 173, 112 S.Ct. 541, 116 L.Ed.2d 526 (1991)).

B. Adequacy of the FBI’s Search

To obtain summary judgment, Defendants must demonstrate “beyond material doubt” that they have “conducted a search reasonably calculated to uncover all relevant documents.” Morley v. CIA, 508 F.3d 1108, 1114 (D.C.Cir.2007) (quoting Weisberg v. DOJ, 705 F.2d 1344, 1351 (D.C.Cir.1983) (internal quotation mark omitted) (alteration in original)). “[Ajffidavits that explain in reasonable detail the scope and method of the search conducted by the agency will suffice to demonstrate compliance with the obligations imposed by FOIA.” Meeropol v. Meese, 790 F.2d 942, 952 (D.C.Cir.1986) (quotation omitted).

David M. Hardy, Esq., Section Chief of the Record/Information Dissemination Section (“RIDS”), of the Federal Bureau of Investigation (“FBI”), submitted a declaration in support of Defendants’ motion for summary judgment explains in detail the multiple searches conducted in order to locate documents responsive to Plaintiffs request. See Declaration of David M. Hardy, Esq. (“Hardy Deck”) at 3-11. In her motion for summary judgment, Plaintiff has not challenged the adequacy of Defendants’ search. Moreover, there is no suggestion that Defendants acted in bad faith in conducting the search. See Ground Saucer Watch, Inc. v. CIA, 692 F.2d 770, 771 (D.C.Cir.1981) (citations omitted). Therefore, the Court will grant Defendants’ motion for summary judgment on the adequacy-of-search issue. See Judicial Watch, Inc. v. U.S. Dep’t of Defense, 857 F.Supp.2d 44, 54-55 (D.D.C.2012).

C. The Propriety of the FBI’s With-holdings

Congress exempted nine categories of documents from FOIA’s expansive [211]*211scope. “[T]he statutory exemptions, which are exclusive, are to be ‘narrowly construed[.]’ ” Norton, 309 F.3d at 32 (quoting Dep’t of the Air Force v. Rose,

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896 F. Supp. 2d 207, 2012 WL 3886367, 2012 U.S. Dist. LEXIS 126870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hetzler-v-recordinformation-dissemination-section-federal-bureau-of-nywd-2012.