Wilson v. U.S. Department of Justice

270 F. Supp. 3d 248
CourtDistrict Court, District of Columbia
DecidedSeptember 18, 2017
DocketCivil Action No. 2016-1015
StatusPublished

This text of 270 F. Supp. 3d 248 (Wilson v. U.S. Department of Justice) 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.

Bluebook
Wilson v. U.S. Department of Justice, 270 F. Supp. 3d 248 (D.D.C. 2017).

Opinion

MEMORANDUM OPINION

REGGIE B. WALTON, United States District Judge

The pro’ se plaintiff, David Wilson, who is incarcerated, filed this civil case, alleging that the defendants, the United States Department of Justice (the “Department”) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (the “Bureau”), violated the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 (2012), by failing, “to release [to him] the requested information pertaining to his requests under the-FOIA.” Complaint (“Compl.”) at 1. Currently before the Court is the Defendants’ Motion for Summary Judgment (“Defs.’ Mot.”). After carefully considering the parties’ submissions, 1 the Court concludes for the reasons set forth below that it must grant the defendants’ motion for summary judgment.

I. BACKGROUND

A. Facts Regarding the Plaintiffs Conviction

“In November 2007, a jury convicted [the plaintiff] of aiding and abetting the August 17,1998[ ] first-degree double murder of Sabrina Bradley and Ronnie Middleton,” Defs.’ Mem. at 1. During his trial, the government introduced evidence that the plaintiff was “a member of a [District of Columbia] gang called [the] Congress Park Crew [and] was particularly close with an associate named Maurice Doleman, whom he regarded as a brother.” Id.; see also Pl.’s Opp’n at 3. Doleman allegedly “robbed the girlfriend of one of the [rival] gang’s members,” and “[i]n retaliation, the boyfriend paid Ronnie Middleton and another member of the [rival] gang to kill ... Doleman, which ... they did.” Defs.’ Mem. at 1; see also Pl.’s Opp’n at 3-4.

As further support of the plaintiffs involvement in the murders, the government also presented evidence that, on August 17, 1998, the plaintiff “was driving with two other Congress Park members — Antonio Roberson and Antoine Draine — when they came upon ... Middleton sitting in a Ford Bronco.” Defs.’ Mem. at 1-2; see also PL’s Opp’n at 4. The plaintiff, with his passengers, then drove to his house, “retrieved a .9mm Glock handgun,” “drove back to ... [the location where] Middleton [had been observed],” and “Roberson opened fire on the Bronco.” Defs.’ Mem. at 2; see also Pl.’s Opp’n at 4. Sabrina Bradley, Middleton’s girlfriend, and “a gentleman nicknamed Teeny Man” were in the Bronco with Middleton. Defs.’ Mem. at 2. Bradley and Middleton were struck by the bullets fired by Roberson, and they later “died of their gunshot wounds” at a hospital; “Teeny Man managed to escape through a window and fled.” Id.; see also Pl.’s Opp’n at 4.

“Four witnesses ... testified at trial about [the plaintiffs] role in the murders.” Defs.’ Mem. at 2. One of the witnesses, Bobby Capíes, who was also a member of the Congress Park gang, testified that the plaintiff “described to him the events recounted above.” Id. In light of this and other evidence, the jury found the plaintiff guilty. See id. The plaintiff appealed his conviction and sentence, alleging that the prosecution did not disclose a report summarizing a police interview vrith Capíes in violation Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). See id. Despite another member of this Court’s post-conviction agreement that the summary report should have been disclosed by the government, the plaintiffs demand for a new trial was denied and that ruling was affirmed by the District of Columbia Circuit. See id. at 2-3; see also United States v. Bell, 795 F.3d 88 (D.C. Cir. 2015).

The plaintiff nonetheless remains convinced that the government did not disclose to him all exculpatory evidence that would have altered the outcome of his trial. See Pl.’s Opp’n .at 7. Specifically, the plaintiff asserts that the Metropolitan Police Department (“MPD”) and the Bureau conducted a controlled operation on June 14, 1999, whereby they enlisted a confidential informant to record a conversation with Antonio Roberson. See id. at 4-6. Detective Michael Will’s written report of the operation indicated that the informant was able to record Roberson confessing to the murders. See id. According to the plaintiff, the tape recording, which was never disclosed to him, “unequivocally exonerates him of having any involvement with the murders.” Id. at 6.

B. Facts Regarding the Plaintiffs FOIA Request

On April 21, 2015, the plaintiff sent the Bureau a “FOIA request seeking a copy of [the] tape recording and transcript of a conversation between [the] alleged confidential informant and Antonio Robinson.” Defs.’ Facts ¶ 3; see also Boucher Deck, Exhibit (“Ex.”) A (FOIA Request dated April 21, 2015); Pl.’s Opp’n at 8. 2 Having failed to receive a response to his FOIA request from the Bureau, on June 8, 2015, the plaintiff sent a letter to the Bureau, notifying the agency of its failure to timely respond to his FOIA request. See Defs.’ Facts ¶ 4; see also Boucher Decl., Ex. B (letter from the plaintiff to the Bureau dated June 8, 2015), Additionally, on that same day, the plaintiff resubmitted his April 21, 2015 FOIA request, attaching to it a Certification of Identity for Antonio D. Roberson and an obituary for Roberson. See Boucher Deck, Ex. D (resubmission of April 21, 2015 FOIA Request); see also Defs.’ Facts ¶ 6; Pl.’s Opp’n at 9. On June 19, 2015, the Bureau responded to the plaintiffs original April 21, 2015 FOIA request, advising the plaintiff that, because his original FOIA request sought “information relating to a third party,” it “refused] to confirm or deny the existence of responsive records pursuant to Exemptions 6 and 7(C) of the FOIA” without the third party’s “consent[ or] proof of death, an official acknowledgment of an investigation of [the third party,] or an overriding public interest.” Boucher Deck, Ex. C (letter from the Bureau to the plaintiff dated June 19, 2015) at 1; see also Defs.’ Facts ¶ 5; Pk’s Opp’n at 9.

Thereafter, on July 15, 2015, the Bureau received the plaintiffs June 8, 2015 resubmitted FOIA request. See Boucher Deck, Ex. D (resubmission of April 21, 2015 FOIA Request). On August 20, 2015, the Bureau sent the plaintiff a letter acknowledging receipt of his resubmitted FOIA request. See id., Ex. E (letter from the Bureau to the plaintiff dated August 20, 2015); see also Defs.’ Facts ¶ 7; Pk’s Opp’n at 9-10. Then, on August 25, 2015, the plaintiff sent the Bureau a letter indicating that he had not received a response to his June 8, 2015 FOIA request; the Bureau received this letter on September 2, 2015. See Boucher Deck, Ex. F (letter from the plaintiff to the Bureau dated August 25, 2015).

In response to the plaintiffs June 8, 2015 resubmitted FOIA request, the Bureau “initiated a preliminary search of the Treasury Enforcement Communication System (‘TECS’) and N-Force, which are two law enforcement databases that would most likely contain information pertaining to [the p]laintiff.” Defs.’ Facts ¶ 10. The Bureau “found no responsive records” as a result of these searches. Id. ¶ 14.

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Bluebook (online)
270 F. Supp. 3d 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-us-department-of-justice-dcd-2017.