Physicians for Human Rights v. U.S. Department of Defense

675 F. Supp. 2d 149, 2009 U.S. Dist. LEXIS 121331
CourtDistrict Court, District of Columbia
DecidedDecember 30, 2009
DocketCivil Action RDB-08-273
StatusPublished
Cited by53 cases

This text of 675 F. Supp. 2d 149 (Physicians for Human Rights v. U.S. Department of Defense) 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.

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Physicians for Human Rights v. U.S. Department of Defense, 675 F. Supp. 2d 149, 2009 U.S. Dist. LEXIS 121331 (D.D.C. 2009).

Opinion

MEMORANDUM OPINION

RICHARD D. BENNETT, District Judge.

Plaintiff Physicians for Human Rights, a non-profit human rights group, filed the present action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., seeking to compel Defendants, the Department of Defense (“DOD”) and its components, the Defense Intelligence Agency (“DIA”), United States Special Operations Command (“USSOCOM”), and United States Central Command (“CENT-COM”), to reveal documentary information relating to a mass gravesite at Dasht-e-Leili, Afghanistan, where Taliban fighters are alleged to be buried. 1 Currently pending are the parties’ cross-motions for sum *155 mary judgment. The parties’ submissions have been reviewed and a hearing was conducted on November 4, 2009. For the reasons explicated below, this Court issues the following memorandum and order.

BACKGROUND

According to media reports, in late 2001, several thousand Taliban fighters surrendered to the Northern Alliance after a battle in Konduz, Afghanistan. See Pl.’s Exs. 3-6. Northern Alliance soldiers under the command of General Abdul Rashid Dostum then crammed the surrendered Taliban fighters into sealed cargo containers and transported them 200 miles to a Northern Alliance prison at Sheberghan, a city in northern Afghanistan. Id. Approximately one thousand of the Taliban prisoners are alleged to have died of asphyxiation during the journey, and their bodies were allegedly buried in a mass grave in nearby Dasht-e-Leili in December of 2001. Id.

Plaintiff Physicians for Human Rights (“PHR”) is a non-profit organization of health care professionals devoted to the investigation of alleged human rights violations. Compl. ¶ 3. In January and February of 2002, PHR conducted on-the-ground forensic investigations of the gravesite at DashNe-Leili and subsequently issued a report summarizing their findings. Pl.’s Ex. 1. Throughout 2002, news sources reported on the underlying events and PHR’s investigations into the mass gravesite. PL’s Exs. 3-6. PHR notes that while there is no indication that the U.S. military was involved in the deaths, U.S. military personnel were reportedly in the region at the time and investigated the circumstances surrounding the gravesite. Compl. ¶¶ 6, 9-12. PHR cites a Newsweek magazine article from 2002, which quotes Department of Defense spokesman Lt. Col. Dave Lapan as saying that United States Central Command (“CENTCOM”) had “looked into [the alleged killings] and found no evidence of participation or knowledge or presence” by American forces. PL’s Ex. 3, at 6. The article also notes that the Pentagon had asked the commander of the Fifth Special Forces Group, Col. John Mulholland, to look into the container deaths. Col. Mulholland reportedly confirmed that large numbers of Taliban prisoners had died on the journey to Sheberghan, but that Special Forces had determined that their deaths had resulted from wounds and disease. Id. at 7.

On June 21, 2006, PHR submitted a FOIA request to the United States Department of State (“State Department”), the Department of Defense (“DOD”), the Department of the Air Force, the Department of the Army, CENTCOM, and the Central Intelligence Agency (“CIA”), which included requests for nine specific categories of records. PL’s Ex. 2. PHR’s petition seeks documents relating to, inter alia, the deaths of the Taliban prisoners, the mass graves, and the investigations conducted by the U.S. military into the underlying events. Id. On April 26, 2007, after the FOIA deadline passed without receiving any documents, PHR submitted an administrative appeal to the DIA, USSOCOM, and CENTCOM, 2 but no response was given to the appeal. PL’s Ex. 8. On August 6, 2007, DOD released to PHR six documents it deemed responsive. PL’s Ex. 9.

*156 PHR filed a complaint in the U.S. District Court for the District of Columbia on February 19, 2008, alleging that the DOD and three of its components, DIA, USSOCOM, and CENTCOM, were in violation of their obligations under FOIA. Defendants answered the Complaint on April 28, 2008, and PHR provided Defendants with additional time to complete their searches. The DOD, the State Department and the CIA have since provided approximately 60 documents to PHR, some of which were redacted, and all of which originated with the DOD. Pl.’s Mot. Summ. J. at 6.

On October 3, 2008, Defendants filed the pending Motion for Summary Judgment (Paper No. 15) with several supporting affidavits, and on November 17, 2008, PHR filed its Cross Motion for Summary Judgment (Paper No. 16). After obtaining a time extension, Defendants filed its Reply brief along with several supplemental affidavits that aim to clarify and correct any alleged inadequacies in the description of its actions taken in response to the FOIA request. (Paper No. 20.) On June 19, 2009, the present case was reassigned to the undersigned United States District Judge. (Paper No. 25.) This Court conducted a hearing on November 4, 2009.

STANDARD OF REVIEW

Rule 56 of the Federal Rules of Civil Procedure provides that summary judgment “shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed. R.Civ.P. 56(c). A genuine issue over a material fact exists “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In considering a motion for summary judgment, a judge’s function is limited to determining whether sufficient evidence exists on a claimed factual dispute to warrant submission of the matter to a jury for resolution at trial. Id. at 249, 106 S.Ct. 2505. A court is obligated to consider the facts and all reasonable inferences in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

In the context of an action filed under the Freedom of Information Act, a district court reviewing a motion for summary judgment conducts a de novo review of the record, and the responding federal agency bears the burden of proving that it has complied with its obligations under the Act. 5 U.S.C. § 552(a)(4)(B).

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675 F. Supp. 2d 149, 2009 U.S. Dist. LEXIS 121331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/physicians-for-human-rights-v-us-department-of-defense-dcd-2009.