Neff v. Waller

• Court: District Court, District of Columbia
• Decided: February 26, 2009
• Docket: Civil Action No. 2009-0386
• Status: Published

Opinion

FILED UNITED STATES DISTRICT COURT FEB 26 2009 FOR THE DISTRICT OF COLUMBIA NANIY MAYER WI;UTTINGTON, ClERK U.S. DISTPlI&T COURT Mark L. Neff, ) ) Plaintiff, ) ) v. ) Civil Action No. 0'9 fJ386 ) ) Roger E. Walker, Jr., et al., ) ) Defendants. )

MEMORANDUM OPINION

This matter is before the Court on review of plaintiff s pro se complaint and application

to proceed in forma pauperis. The application will be granted and the complaint will be

dismissed pursuant to 28 U.S.C. § 1915A (requiring dismissal of a prisoner's complaint upon a

determination that the complaint, among other grounds, fails to state a claim upon which relief

can be granted).

Plaintiff, an inmate at the United States Penitentiary in Terre Haute, Indiana, sues the

Director and the Freedom of Information Act Officer of the Illinois Department of Corrections

("DOC") under 42 U.S.C. § 1983. He alleges that in response to his Freedom oflnformation

Act ("FOIA") request for a document, DOC referred him to the Illinois Prisoner Review Board,

which, in tum, has not responded to his request. Section 1983 authorizes a cause of action

against state actors who deprive individuals of "any rights, privileges, or immunities secured by

the Constitution and [federal] laws." Id. The federal FOIA applies only to executive-branch

agencies of the United States. See 5 U.S.C. § 552(f) (defining agency as "any executive

department. .. Government corporation, Government controlled corporation, or other

establishment in the executive branch of the Government ... , or any independent regulatory agency"). The state officials therefore may not be held liable for what at best would be a

violation of federal law. I Plaintiff s recourse lies, if at all, in the Illinois state courts under the

Illinois FOIA. A separate Order of dismissal accompanies this Memorandum Opinion.

Date: February ~, 2009 United States District Judge

I The comprehensive nature of the federal FOIA forecloses a claim against individuals under § 1983. See Johnson v. Executive Office for United States Attorneys, 310 F.3d 771, 777 (D.C. Cir. 2002).