Ray v. Federal Bureau of Investigation

441 F. Supp. 2d 27, 2006 U.S. Dist. LEXIS 49966
CourtDistrict Court, District of Columbia
DecidedJuly 24, 2006
DocketCivil Action 05-0876(RCL)
StatusPublished
Cited by15 cases

This text of 441 F. Supp. 2d 27 (Ray v. Federal Bureau of Investigation) 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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Ray v. Federal Bureau of Investigation, 441 F. Supp. 2d 27, 2006 U.S. Dist. LEXIS 49966 (D.D.C. 2006).

Opinion

MEMORANDUM OPINION and ORDER

LAMBERTH, District Judge.

This matter is before the Court on defendant’s motion for summary judgment. Having considered the motion, plaintiffs opposition, and the record of this case, the Court will grant the motion in part and deny it in part without prejudice.

I. BACKGROUND

In May 2003, plaintiff submitted to the Federal Bureau of Investigation headquar *30 ters (“FBIHQ”) a request for information pursuant to the Freedom of Information Act (“FOIA”), see 5 U.S.C. § 552. Complaint (“Compl.”) ¶ 5. Specifically he requested the following:

[A]ny files and/or records maintained by the Federal Bureau of Investigation including, but not limited to[,] identification records, personal data, history records, investigative files, case notes, and any other record relating to [plaintiff].

Memorandum of Points and Authorities in Support of Motions to File In Camera and Under Seal and for Summary Judgment (“Def.’s Mot.”), In Camera Declaration of David M. Hardy (“Hardy Decl.”) ¶ 6 & Ex. A (May 21, 2003 FOIA Information Request). 1 The FBIHQ denied plaintiffs request pursuant to FOIA Exemption 7(F), to the extent that “production of such law enforcement records or information could reasonably be expected to endanger the life or physical safety of any individual.” Hardy Decl., Ex. D (July 21, 2003 response to Request No. 0980569-000).

Plaintiff challenged the FBIHQ’s response by filing an administrative appeal to the Justice Department’s Office of Information and Privacy (“OIP”). Id. ¶ 10 & Ex. E (July 25, 2003 Notice of Appeal). The OIP affirmed the FBIHQ’s decision, noting that the responsive records were exempt from disclosure under Exemptions 2, 7(C), and 7(F). Compl., Ex. A (September 30, 2004 Response to Appeal No. 03-3104 and March 14, 2005 response to request for reconsideration).

In this action, plaintiff challenges the FBIHQ’s response to his FOIA request. He demands disclosure in full of the requested records, and an award of fees and costs associated with this action. Compl. at 3.

II. DISCUSSION

A. Summary Judgment Standard

The Court grants a motion for summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The moving party bears the burden of demonstrating the absence of any genuine issues of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Factual assertions in the moving party’s affidavits may be accepted as true, unless the opposing party submits his own affidavits or documentary evidence that contradict the movant’s assertions. Neal v. Kelly, 963 F.2d 453, 456 (D.C.Cir.1992) (citing Lewis v. Faulkner, 689 F.2d 100, 102 (7th Cir.1982)).

To obtain summary judgment in a FOIA action, an agency must show, viewing the facts in the light most favorable to the requester, that there is no genuine issue of material fact with regard to the agency’s compliance with the FOIA. Steinberg v. United States Dep’t of Justice, 23 F.3d 548, 551 (D.C.Cir.1994) (citing Weisberg v. United States Dep’t of Justice, 745 F.2d 1476, 1485 (D.C.Cir.1984), reh’g denied, 763 F.2d 1436 (D.C.Cir.1985)). The Court may award summary judgment based solely upon the information provided in affidavits or declarations when the affidavits or declarations describe “the justifications for nondisclosure with reasonably specific detail, demonstrate that the information withheld logically falls within the claimed exemption, and are not controverted by either contrary evidence in the record nor by evidence of agency bad faith.” 2 Mili *31 tary Audit Project v. Casey, 656 F.2d 724, 738 (D.C.Cir.1981). Such affidavits or declarations “are accorded a presumption of good faith, which cannot be rebutted by ‘purely speculative claims about the existence and discoverability of other documents.’ ” SafeCard Serv., Inc. v. Securities and Exchange Comm’n, 926 F.2d 1197, 1200 (D.C.Cir.1991) (quoting Ground Saucer Watch, Inc. v. Central Intelligence Agency, 692 F.2d 770, 771 (D.C.Cir.1981)).

B. Adequacy of Search

“An agency fulfills its obligations under FOIA if it can demonstrate beyond material doubt that its search was ‘reasonably calculated to uncover all relevant documents.’ ” Valencia-Lucena v. United States Coast Guard, 180 F.3d 321, 325 (D.C.Cir.1999) (quoting Truitt v. Dep’t of State, 897 F.2d 540, 542 (D.C.Cir.1990)); see Campbell v. United States Dep’t of Justice, 164 F.3d 20, 27 (D.C.Cir.1998) (FOIA requires agency to conduct search using methods reasonably expected to produce requested information). The agency bears the burden of showing that its search was calculated to uncover all relevant documents. Steinberg v. United States Dep’t of Justice, 23 F.3d 548, 551 (D.C.Cir.1994). To meet its burden, the agency may submit affidavits or declarations that explain in reasonable detail the scope and method of the agency’s search. Perry v. Block, 684 F.2d 121, 126 (D.C.Cir.1982). In the absence of contrary evidence, such affidavits or declarations are sufficient to demonstrate an agency’s compliance with the FOIA. Id., 684 F.2d at 127. If the record “leaves substantial doubt as to the sufficiency of the search, summary judgment for the agency is not proper.” Truitt v. Dep’t of State, 897 F.2d at 542.

The FBI’s Central Records System includes records of “administrative, applicant, criminal, personnel and other files compiled for law enforcement purposes.” Hardy Decl. ¶ 15.

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441 F. Supp. 2d 27, 2006 U.S. Dist. LEXIS 49966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-v-federal-bureau-of-investigation-dcd-2006.