Oguaju v. United States

288 F.3d 448, 351 U.S. App. D.C. 195, 2002 U.S. App. LEXIS 8741, 2002 WL 856684
CourtCourt of Appeals for the D.C. Circuit
DecidedMay 7, 2002
DocketNo. 00-5454
StatusPublished
Cited by83 cases

This text of 288 F.3d 448 (Oguaju v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oguaju v. United States, 288 F.3d 448, 351 U.S. App. D.C. 195, 2002 U.S. App. LEXIS 8741, 2002 WL 856684 (D.C. Cir. 2002).

Opinion

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

An inmate in a federal prison requested under the Freedom of Information Act all records on file with the United States Marshals Service concerning an escaped convict turned government informant, whose testimony had helped to convict him. The Marshals Service refused to confirm or to deny the existence of such records and asserted that, if they do exist, they “would be exempt from disclosure pursuant to exemption 7(C) of the [FOIA]” — the exemption for law enforcement records the release of which “could reasonably be expected to constitute an unwarranted invasion of personal privacy.” 5 U.S.C. § 552(b)(7)(C). After exhausting his administrative remedies, the inmate filed a complaint in the district court, which granted summary judgment to the Marshals Service. We affirm the decision of the district court on the ground that disclosure of the records would not serve a public interest that outweighs the informant’s privacy interest.

I. Background

In 1998 the United States prosecuted Christopher Oguaju in a federal district court in Michigan for conspiring to distribute and for possession with intent to distribute heroin. At Oguaju’s request, the court ordered the Government to turn over to the defense any exculpatory information it had, as required by Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Among the records Oguaju received was the plea agreement of David [450]*450Powell, an escaped convict who was to testify against Oguaju in return for a recommendation of leniency from the prosecutor in his trial for escape.

After Oguaju was convicted he asked the Marshals Service to give him, pursuant to the FOIA, 5 U.S.C. § 552, “[a]ny and all information in [its] file that deals directly or indirectly with David Powell ... including] investigative reports of Mr. Powell’s escape from prison.” Oguaju wrote:

Disclosure of the requested information to me is in [the] public interest, as it is likely to contribute significantly to the clarification of Constitutional and/or legal issues. The information requested is for personal use and will aid me to disclose/corroborate fraud committed by [Powell], the information will not be used for any commercial purposes.

The Marshals Service first made a “do-mar response” — refusing to confirm or to deny the existence of any records, see Phillipi v. CIA, 546 F.2d 1009 (D.C.Cir.1976) — and then went on to assert that the records, if they exist, “would be exempt from disclosure pursuant to exemption 7(C) of the Freedom of Information Act.” That exemption permits an agency to withhold “information compiled for law enforcement purposes” when producing that information “could reasonably be expected to constitute an unwarranted invasion of personal privacy.” 5 U.S.C. § 552(b)(7)(C).

Oguaju filed an administrative appeal in which he asserted that the “documents requested [are] material to the preparation of [his] defense brief on appeal” because the “[p]rosecutor improperly withheld agency record[s]” that would reveal Powell had perjured himself when he testified against Oguaju. The Department of Justice denied the appeal on the ground that, absent “an overriding public interest, even to acknowledge the existence of’ the records would unjustifiably invade Powell’s privacy.

Oguaju then petitioned for review by the district court, which granted summary judgment to the Marshals Service. Ogua-ju filed a timely appeal and agreed to rely in this court upon the brief filed by an amicus curiae whom we asked to appear and to whom the court is grateful.

II. Analysis

As stated above, the FOIA exempts from disclosure law enforcement records the release of which “could reasonably be expected to constitute an unwarranted invasion of personal privacy.” 5 U.S.C. § 552(b)(7)(C). The court determines whether disclosure is warranted by “balancing] the public interest in disclosure against the [privacy] interest Congress intended the Exemption to protect.” Dep’t of Justice v. Reporters Comm. for Freedom of Press, 489 U.S. 749, 776, 109 S.Ct. 1468, 1483, 103 L.Ed.2d 774 (1989). The public interest in disclosure lies in “openfing] agency action to the light of public scrutiny,” Reporters Comm., 489 U.S. at 772, 109 S.Ct. at 1481; it does not include helping an individual obtain information for his personal use, see Mays v. DEA, 234 F.3d 1324, 1327 (D.C.Cir.2000) (“[T]he interest of the party requesting the document [is] irrelevant to this balancing”).

In this case Oguaju can avoid Exemption 7(C) only by showing that the public interest in release of the information he requested outweighs Powell’s privacy interest in its suppression; Oguaju’s personal stake in using the requested records to attack his convictions does not count in the calculation of the public interest. What public interest, then, could the information serve? According to the amicus, the answer is the “public interest in understanding how effectively the DOJ responds to Brady requests and in assuring [451]*451that the United States Attorney’s office and the Marshals Service, both entities of the DOJ, are working in concert .to exchange information.”

The facts of this case and the precedent of this Circuit conjoin to scuttle this argument. Oguaju has never offered any reason to believe the Department of Justice mishandled his Brady request, and under circuit law a bald accusation to that effect does not persuade. See SafeCard Services, Inc. v. SEC, 926 F.2d 1197, 1206 (D.C.Cir.1991) (holding that FOIA requester can avoid Exemption 7(C) only by producing “compelling evidence that the agency is engaged in illegal activity”); Davis v. Dep’t of Justice, 968 F.2d 1276, 1282 (D.C.Cir.1992).

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Bluebook (online)
288 F.3d 448, 351 U.S. App. D.C. 195, 2002 U.S. App. LEXIS 8741, 2002 WL 856684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oguaju-v-united-states-cadc-2002.