Knight v. Food & Drug Administration

938 F. Supp. 710, 1996 U.S. Dist. LEXIS 13074, 1996 WL 509322
CourtDistrict Court, D. Kansas
DecidedAugust 1, 1996
DocketNo. 95-4097-SAC
StatusPublished
Cited by1 cases

This text of 938 F. Supp. 710 (Knight v. Food & Drug Administration) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knight v. Food & Drug Administration, 938 F. Supp. 710, 1996 U.S. Dist. LEXIS 13074, 1996 WL 509322 (D. Kan. 1996).

Opinion

MEMORANDUM AND ORDER

CROW, District Judge.

This Freedom of Information Act (“FOIA”) case comes before the court on the defendant Food and Drug Administration’s (“FDA’”s) motion for summary judgment (Dk. 28), the plaintiff’s motion to amend (Dk. 22), the plaintiffs request for leave to conduct discovery (Dk. 21) and the defendant’s motion to stay discovery (Dk. 26). As the motions have been fully briefed, the court is ready to rule.

BACKGROUND

The plaintiff Douglas J. Knight (“Knight”), pro se, is an inmate at the United States Penitentiary in Leavenworth, Kansas. The plaintiff admits in his complaint that he “was convicted in federal court in connection with a criminal case directly and indirectly relating to the PepsiCo extortion and tampering hoax that occurred in February and June of 1993.” (Dk. 2). The plaintiff alleges he has requested the following:

1. copies of all records in FDA files referencing his name Douglas Knight, Doug Knight, Douglas J. Knight and Justin Knight;
2. copies of all records in FDA files referencing or containing information on the PepsiCo “Pepsi” tampering hoaxes and PepsiCo, Incorporated in general;
3. copies of all correspondence between the FDA and the PepsiCo Corporation; and
4. copies of all records in FDA files referencing “Grateful Friend.”

(Dk. 2). The FDA moves for summary judgment arguing the action is moot, as it has fully disclosed all requested records.

Knight sent to the FDA a FOIA request dated December 14, 1994. This request sought:

any and all information your agency has records (as stated above) pertaining to Pepsico and/or Pepsi and the reported product tampering event that occurred in June, 1993. I specifically request all information in your files that reference Pepsico Corporation and product tampering as well as all files referencing Pepsico Corporation and Douglas J. Knight or Justin Knight.

(Dk. 29, App. A). Knight followed this request with a letter dated February 10, 1995, in which he noted that the FDA had not taken any action on his request within the time period permitted by the FOIA. (Dk. 30, Ex. B). Knight also asked that the FDA consider his letter to be an appeal from the implicit adverse action taken on his December 1994 request. (Dk. 30, Ex. B).

By letter dated April 11, 1995, Knight appealed his request, pursuant to 28 C.F.R. § 16.8, to the Office of Information and Privacy within the United States Department of Justice. (Dk. 29, App. B). Knight therein wrote:

Below I have listed the information I am requesting/appealing from the Food and Drug Administration in order to clarify any questions should they arise.
1. ) Copies of all records referring to myself, Doug Knight, Douglas Knight, Douglas J. Knight, A.K.A. Justin Knight contained or referenced within FDA files.
2. ) Copies of all records referencing the PepsiCo tampering Hoax, or Pepsico in general between January 1993 and the present. This was a large investigation and I wish to clarify that I do not -want access to files on all the individuals investigated. I do request, however, a list of names of all the individuals investigated and the final results of each investigation.
3. ) Copies of all correspondence between the FDA (and/or employees of the FDA) and the Pepsico Corporation. There should be several documents available under the FOIA.
[713]*7134.) Any information referencing the name “Grateful Friend” in any of the FDA records.
In particular, I request copies of all files relating to myself, as well as all files referencing the Pepsieo Corporation between January 1993 and the present.

(Dk. 29, App. B). The FDA’s position is that this letter of April 1995 clarifies and modifies Knight’s FOIA request of December 1994.

In June 19,1995, the district court granted Knight leave to file his suit in forma pauper-is. Knight alleges therein that he had exhausted his administrative remedies and had not received any response from the FDA to his different letters and requests. In its answer to Knight’s complaint, the FDA admits it did not respond until June 27,1995, to Knight’s request of December 1994.

The FDA responded to Knight’s FOIA request by letter dated June 27, 1995, which stated in material part:

In this request you had asked for a copy of all files, records, statements, intelligence materials, documents, memorandum transcripts of tape recordings, or any other information kept and maintained under your name. After reviewing your request, it was determined that the Food and Drug Administration, Office of Criminal Investigation (OCI), does not maintain any records or information concerning this part of your request.
You also sought any and all information pertaining to Pepsieo and or Pepsi and the tampering event that occurred in June of 1993. You wanted all information that referenced Pepsieo and product tampering and Pepsieo and Douglas J. Knight or Justin Knight. Since your initial request, OCI became aware of your letter to the Office of Information and Privacy of the Department of Justice, dated April 11, 1995, narrowing the scope of you request (Attachment 2).
In this letter, you again requested all records maintained on yourself. As stated before, OCI does not have any records or information that satisfy this part of your request. Also, you clarified that you do not want access to files on all the individuals investigated concerning the Pepsi tamperings, but do want a list of names of all of these individuals and the final results of each investigation. A list of all the individuals prosecuted and the results is being provided. (Attachment 3).
You also requested copies of all correspondence between FDA and Pepsieo. OCI does not maintain a file or files concerning correspondence between FDA and Pepsieo and thus does not have any records or information that satisfy this part of your request.
Finally, you requested information maintained by the FDA on “Grateful Friend”. OCI does not have any records or information that satisfy this part of your request.

(Dk. 30, Ex. D). Knight sent to the FDA a letter dated July 5, 1995, saying that he was appealing the FDA’s response and disputing that his request was as narrow as the FDA had construed it.

FACTS1

In response to Knight’s request in December of 1994, the FDA’s Freedom of Information (“FOI”) office caused the FDA’s Office of Criminal Investigations (“OCI”) to search for four categories of documents: (1) records referring to Doug Knight, Douglas Knight, Douglas J. Knight, a.k.a. Justin Knight; (2) a list of all individuals investigated in the PepsiCo tampering matter and the final results of each investigation; (3) correspondence between FDA and the Pepsieo Corporation pertaining to the Pepsieo tampering matter; (4) information referencing the name “Grateful Friend” as a code name or pseudonym for some person connected with the Pepsieo tampering matter.

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Cite This Page — Counsel Stack

Bluebook (online)
938 F. Supp. 710, 1996 U.S. Dist. LEXIS 13074, 1996 WL 509322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knight-v-food-drug-administration-ksd-1996.