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Allegations of Bad Faith

District Court Decisions

Budik v. Dep't of the Army, No. 09-1518, 2010 WL 3833828 (D.D.C. Sept. 30, 2010) (Kollar-Kotelly, J.). The court finds that plaintiff's allegations which go to the "propriety of Defendant's underlying conduct vis-a-vis Plaintiff during the course of her employment, or shortly thereafter" do not constitute a valid challenge to the legitimacy of defendant's search for records in response to her FOIA request. Moreover, the Army's delay in responding to the requests, discrepancies concerning the page counts of documents disclosed, lack of notice informing of plaintiff of her right to administrative appeal, and an improper redaction of a signature block which was subsequently voluntarily released are not sufficient to demonstrate agency bad faith.No. 09-1518, 2010 WL 3833828 (D.D.C. Sept. 30, 2010) (Kollar-Kotelly, J.). The court finds that plaintiff's allegations which go to the "propriety of Defendant's underlying conduct vis-a-vis Plaintiff during the course of her employment, or shortly thereafter" do not constitute a valid challenge to the legitimacy of defendant's search for records in response to her FOIA request. Moreover, the Army's delay in responding to the requests, discrepancies concerning the page counts of documents disclosed, lack of notice informing of plaintiff of her right to administrative appeal, and an improper redaction of a signature block which was subsequently voluntarily released are not sufficient to demonstrate agency bad faith.