Jankowski v. CIA, No. 23-3113, 2024 WL 5077740 (D. Neb. Dec. 11, 2024) (Bataillon, S.J.)
Date
Jankowski v. CIA, No. 23-3113, 2024 WL 5077740 (D. Neb. Dec. 11, 2024) (Bataillon, S.J.)
Re: Request for records concerning plaintiff and plaintiff’s family
Disposition: Dismissing plaintiff’s complaint
- Litigation Considerations, Pleadings: The court finds that, “[h]ere, though Plaintiff alleges she has submitted repeated requests to the CIA to declassify and release any information retained by the CIA on Plaintiff, . . . Plaintiff does not allege facts suggesting she has submitted a proper FOIA request for the records she seeks or that she has exhausted her administrative appeals, a prerequisite for bringing a FOIA suit.” “Thus, Plaintiff’s Complaint fails to state a FOIA claim upon which relief may be granted.”
“Not only does Plaintiff’s Complaint fail to state a claim upon which relief may be granted under . . . the FOIA, but the Court finds Plaintiff’s vague and conclusory allegations of the harm she has suffered due to the CIA’s acts are wholly unsupported by specific facts and do not appear to be based in reality.” “Plaintiff’s allegations that she has been the unwilling subject of experimentation and surveillance by the CIA ‘rise to the level of the irrational or the wholly incredible,’ . . . and the Court concludes Plaintiff’s Complaint should be dismissed as factually frivolous under 28 U.S.C. § 1915(e).”
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Pleadings
Updated January 17, 2025