Pinson v. Dep't of Justice

313 F. Supp. 3d 88
CourtCourt of Appeals for the D.C. Circuit
DecidedMay 23, 2018
DocketCivil Action No.: 12–1872 (RC)
StatusPublished
Cited by32 cases

This text of 313 F. Supp. 3d 88 (Pinson v. Dep't of Justice) 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
Pinson v. Dep't of Justice, 313 F. Supp. 3d 88 (D.C. Cir. 2018).

Opinion

RUDOLPH CONTRERAS, United States District Judge

Jeremy Pinson is a pro se plaintiff who, while in prison, has filed multiple Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, requests seeking records from various components of the United States Department of Justice ("DOJ"). DOJ has filed its fourth motion for summary judgment on Pinson's requests to the Federal Bureau of Prisons ("BOP"), claiming that it has performed adequate searches for records responsive to Pinson's requests, released a number of records, and informed Pinson that some of the records she1 sought were exempt from disclosure by law. Pinson did not file an opposition to DOJ's motion.

In its prior opinions, this Court has granted in part and denied in part DOJ's first, second, and third motions for summary judgment as to claims against BOP. See Pinson v. U.S. Dep't of Justice , No. 12-1872, 2016 WL 29245, at *1 (D.D.C. Jan. 4, 2016) ; Pinson v. U.S. Dep't of Justice , 199 F.Supp.3d 203 (D.D.C. 2016) ; Pinson v. U.S. Dep't of Justice , 236 F.Supp.3d 338 (D.D.C. 2017). Now before the Court is DOJ's fourth motion for summary judgment as to the ten remaining FOIA requests to BOP.2 See Defs.' 4th Mot. Summ. J. Respect BOP ("Defs.' 4th MSJ"), ECF No. 403. DOJ argues that BOP has conducted searches reasonably calculated to identify records responsive to Pinson's requests and has released to Pinson those records not withheld pursuant to the applicable FOIA exemptions. See Defs.' Mem. P. & A. ("Defs.' Mem.") at 4, ECF No. 403-1. For the reasons set forth below, the Court grants in part and denies in part DOJ's motion for summary judgment.

I. FACTUAL BACKGROUND

The Court has already explained the factual background in this case in its first Memorandum Opinion. See Pinson , 2016 WL 29245, at *1-8. The Court assumes familiarity with its prior opinion and confines its discussion to the facts most relevant to the present motion. The current motion concerns BOP's searches for records *99responsive to Requests Nos. 2011-7156, 2012-39, 2012-40, and 2013-1684; BOP's withholding of records responsive to such requests pursuant to several FOIA exemptions; and BOP's reprocessing of Request Nos. 2010-12533, 2011-1351, 2011-1886, 2011-2366, 2011-7619, 2012-39,3 and 2012-975.

A. Request Nos. 2011-7156, 2012-39, and 2012-40 (E-mail Searches)

Request No. 2012-40 and the portions of Request Nos. 2011-7156 and 2012-39 that were not yet processed at the time of this Court's third memorandum opinion concern certain BOP email records. BOP initially could not perform a search of its email archives due to technical problems, but in October 2016, the search tool was fixed and BOP subsequently performed searches for responsive records. See Pinson , 236 F.Supp.3d at 356-57. However, at the time of DOJ's third request for summary judgment, Pinson had not yet received a response because the search results were still being evaluated for potential FOIA exemptions. See id. at 357. Thus, this Court deemed that summary judgment as to the email portions of these requests was "still not appropriate because the agency has not yet fully discharged its FOIA obligation." Id. BOP has since completed evaluating these records for potential exemptions and responded to Pinson.

In Request No. 2011-7156, Pinson sought, among other records,4 "emails between Central Office staff regarding [her] ADX referral" and "emails between SERO Regional staff regarding [her] ADX referral." 7th Decl. of Kara Christenson ("7th Christenson Decl.") ¶ 8, ECF No. 403-3. Pinson limited her request to no more than two hours search time and no more than 100 pages. Id. After completing its search, BOP responded to Pinson in a letter dated February 28, 2017, informing her that there were no records responsive to her request for emails. See id. ¶ 11 & Ex. B. DOJ now moves for summary judgment on the grounds that BOP's search was "reasonably calculated to uncover all documents in its files responsive to [Pinson's] requests." Defs.' Mem. at 4.

In Request No. 2012-39, Pinson sought, among other records,5 "[a]ll emails, memorandums by ADX Florence Executive Staff and/or Department Supervisors written or generated in connection with the 2011 Accreditation review by the ACA and/or making reference or mentioning such review." 7th Christenson Decl. ¶ 12 & Ex. C. Pinson limited this request to no more than two hours search time and no more than 100 pages. 7th Christenson Decl. ¶ 12. In a letter dated April 6, 2017, BOP responded to Pinson's request and released seventy-five pages of records in full and eighteen pages in part. Id. ¶ 16 & Ex. D. Under Exemption 6, BOP withheld the "telephone extensions and direct telephone numbers of Bureau staff"; "the names of third-party, non-BOP employees who would be conducting an ACA audit"; and "the name of a third-party, non-BOP employee who assisted with a pre-ACA audit." Id. ¶¶ 19-21; Vaughn Index at 1-3, *100ECF No. 403-3. BOP also invoked Exemption 7 to withhold "information ... related to the institution's policies [on] tools and keys." 7th Christenson Decl. ¶¶ 26-27; Vaughn Index at 1-3. DOJ now moves for summary judgment on the grounds that BOP's search was adequate and that it released to Pinson all non-exempt records responsive to her request. See Defs.' Mem. at 4.

In Request No. 2012-40, Pinson sought "production of all emails sent by the North Central Regional Director and Warden of the U.S. Penitentiary Administrative Maximum during 2011." 7th Christenson Decl. ¶ 28. Pinson limited this request to no more than two hours search time and no more than 100 pages. Id.

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Bluebook (online)
313 F. Supp. 3d 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pinson-v-dept-of-justice-cadc-2018.