Pinson v. United States Department of Justice

245 F. Supp. 3d 225, 2017 U.S. Dist. LEXIS 46176
District Court, District of Columbia·Decided March 29, 2017·No. Civil Action No. 2012-1872·Published·Cited by 29 cases

Opinion

MEMORANDUM OPINION

RUDOLPH CONTRERAS, United States District Judge

Granting in Part and Denying in Part Dependants’ Second Motion por Summary Judgment

Plaintiff Jergmy Pinson, a federal inmate. proceeding pro se, filed multiple Freedom- of Information Act (“FOIA”) requests seeking records from various components of the U.S. Department of Justice (“DOJ”). In addition to releasing a number of records, the DOJ asked Pinson to clarify some of her 1 records requests, told her that it could not find records responsive to some of her requests, and informed her that some of the records she sought were exempt from disclosure by law. Pinson filed a complaint challenging some of these determinations and alleging that the, DOJ improperly withheld records.

In a prior opinion the Court granted in part and denied in part the DOJ’s first *235 request for summary judgment as to the claims against the Federal Bureau of Investigation (“FBI”). See Defs.’ Mot. Partial Summ. J., ECF No. 137; Memorandum Opinion (“Mem. Op.”), ECF No. 276; Pinson v. U.S. Dep’t of Justice, 177 F.Supp.3d 56 (D.D.C. 2016).

Now before the Court is the DOJ’s second motion for summary judgment as to the remaining twelve FOIA requests. 2 See Defs.’ 2d Mot. Partial Summ. J. Respect FBI (“Defs.’ Mot. Partial Summ. J.”), ECF No. 300. The DOJ argues that the FBI conducted an adequate search and made proper withholdings pursuant to FOIA exemptions for each of Pinson’s requests. See Defs.’ Mem. P. & A., ECF No. 300-2. For the reasons set forth below, the Court grants in part and denies in part the DOJ’s second motion for summary judgment as to the FBI.

I. FACTUAL BACKGROUND

A. FOIA Requests 1199153, 1217900, and 1217901

In her response to the DOJ’s most recent motion for summary judgment, Pin-son stipulated that summary judgment in favor of the DOJ was appropriate as to FOIA Requests 1199153, 1217900, and 1217901. Pl.’s Resp. Opp’n FBI Mot. Summ. J (“PL’s Opp’n”). at 1, ECF No. 313. The Court therefore grants the DOJ summary judgment with respect to its responses to FOIA Requests Nos. 1199153, 1217900, and 1217901.

B. Request No. 1178465

On November 21, 2011, Pinson submitted a request to the FBI for records “produced as a result of the visit by [two] FBI Agents on Nov. 1, 2011 to the U.S. Penitentiary Max in Florence, Colorado who spoke to me and took notes of my answers to their questions.” 2d Hardy Decl. Ex. D, ECF No. 137-3. The FBI acknowledged the request and assigned the request number 1178465. 2d Hardy Decl. ¶ 11 & Ex. E. The FBI -released three pages with redac-tions pursuant to the Privacy Act Exemption (j)(2) and FOIA Exemptions 6 and 7(C). 2d Hardy Decl. ¶ 12 & Ex. F.

The Court previously denied the DOJ summary judgment on this document because the DOJ could not establish that Pinson had received the FBI’s response. See Mem. Op. at 30-31. Pursuant to the Court’s order, the DOJ re-sent the original release letter to Pinson on April 29, 2016. *236 Order, EOF No. 275 at 2; 3d Hardy Decl. ¶5 & Ex. B, EOF No. 302. The DOJ now moves for summary judgment on the grounds that its search was adequate and that it produced to Pinson all responsive records after properly withholding some records under FOIA Exemption 7(C). 3 See Defs,’ Mot. Partial Summ. J. at 2.

C. Request No. 1199194

In August 2012, Pinson submitted a request to the FBI for records “regarding investigations of the California Aryan Brotherhood.” See 2d Hardy Decl. Ex. Q; Corr. 2d Am. Compl. at 6, ECF No. 32. As with other requests, she requested “no more than two hours search time and 100 pages of information in this request.” 2d Hardy Decl. ¶ 28. The FBI acknowledged receipt of the request and assigned the request number 1199194. 2d Hardy Decl. ¶29 & Ex. R. The FBI then informed Pinson that the information requested on the California Aryan Brotherhood could be accessed free of charge online at the FBI’s Vault. 4 2d Hardy Decl. ¶ 30 & Ex. S.

The Court previously denied summary judgment because the DOJ could not establish that Pinson had received a response from the FBI concerning this request. See Mem. Op. at 30-31. The Court’s previous opinion did not contemplate that the FBI had attempted to transmit any records to Pinson.

The DOJ sent Pinson two letters referring to Request No. 1199194 subsequent to the Court’s prior opinion. 3d Hardy Decl. Ex. B & C. The DOJ’s most recent declaration states first that “[t]he responsive records pertaining to the California Aryan Brotherhood are located on the FBI’s Online Webpage, the Vault.” 3d Hardy Decl. ¶ 7. The declaration continues: “[t]he FBI re-reviewed the publically available documents and determined that additional seg-regable information could be released; therefore, it reprocessed the records and released it to plaintiff on July 22, 2016.” 3d Hardy Decl. ¶ 7. The DOJ now moves for summary judgment on the grounds that its search was adequate and that it produced to Pinson all responsive records after properly withholding some records pursuant to FOIA Exemptions 3 and 7(C). 5 See Defs.’ Mot. Partial Summ. J. at 2.

D. Request No. 1199202

In August 2012, Pinson submitted a request to the FBI for records “regarding investigations of the California Mexican Mafia,” to which the FBI assigned the request number 1199202. See 2d Hardy Decl. ¶¶ 24, 25 & Exs. N, O; Corr. 2d Am. Compl. at 6. As with other requests, she requested “no more than two hours search time and 100 pages of information in this request.” 2d Hardy Decl. ¶24. By two separate letters dated September 27, 2012, the FBI both acknowledged receipt of the request and advised Pinson that the information requested on the California Mexican Mafia could be accessed free of charge online at the FBI’s Vault, the FBI’s electronic reading room. 2d Hardy Decl. ¶¶ 25, 26 & Exs. O, P.

The Court previously denied summary judgment because the DOJ could not establish that Pinson had received a response from the FBI on this request. See *237 Mem. Op. at 30-31. Pursuant to the Court’s order, the DOJ re-sent the correspondence related to this request to Pin-son on April 29, 2016. Order at 2; 3d Hardy Decl. ¶ 8 & Ex. B. The DOJ now moves for summary judgment on the grounds that its search was adequate. See Defs.’ Mot. Partial Summ. J. at 2.

E. Request No. 1229060

On September 11, 2013, Pinson submitted a request to the FBI for records “related to a 9/10/13 FBI interview of [Pin-son] at ADX Florence.” 2d Hardy Decl. ¶ 124 & Ex. ZZZZ.

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Pinson v. United States Department of Justice, 245 F. Supp. 3d 225, 2017 U.S. Dist. LEXIS 46176 (D.D.C. 2017).

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