Wednesday, November 6, 2013
Re: Appeal from district court's dismissal of lawsuit arising from request for records concerning requester
Disposition: Affirming district court's grant of defendant's motion for summary judgment
- Litigation Considerations, Mootness and Other Grounds for Dismissal: The court holds "that a viable case or controversy no longer remained." The court explains that "[e]ven assuming that, prior to filing his action, [plaintiff] had exhausted his administrative remedies regarding [defendant's] lack of response to his FOIA requests, the district court correctly determined that [plaintiff's] action was rendered moot when [defendant] produced responsive records."
- Litigation Considerations, Exhaustion: The court holds that "to the extent [plaintiff] has claims that were not mooted by [defendant's] production of records, those claims were properly dismissed." The court explains that "if [plaintiff] wishes to contest the absence of such records, he must do so through the appropriate administrative appeals process."
Court of Appeals
Updated August 6, 2014