Thursday, September 22, 2016
Agolli v. OIG, No. 15-5273, 2016 U.S. App. LEXIS 17426 (D.C. Cir. Sept. 22, 2016) (per curiam)
Re: Request for records concerning complaint appellant filed with OIG
Disposition: Granting OIG's motion for summary affirmance
- Litigation Considerations, Statute of Limitations: The Court of Appeals for the District of Columbia Circuit holds that "[t]he district court correctly determined that appellant's claim with respect to her June 20, 2006 request for information pursuant to the Freedom of Information Act . . . was time-barred." The district court had previously held that "[it] agrees with Defendant's calculation that the date of accrual was ["20 business days after . . . the date Plaintiff filed her last administrative appeal regarding her FOIA request"]." The district court had rejected plaintiff's argument "that the statute of limitations only begins to run from the date of Plaintiff's last correspondence with the agency."
- Procedural Requirements, Searching for Responsive Records: The Court of Appeals for the District of Columbia Circuit holds that "[t]he district court properly granted summary judgment in favor of the government, as OIP's search was both reasonable and in compliance with its obligations under FOIA." The court also finds that "OIP released all of the records it located in full, and, with regard to the files destroyed in accordance with its retention schedules, 'FOIA requires disclosure only of records for which agencies have chosen to retain possession or control.'"
- Litigation Considerations, Vaughn Index/Declaration: The Court of Appeals for the District of Columbia Circuit holds that "[a]ppellant's bare allegation that the government's supporting declarations misrepresent the facts is insufficient to rebut the presumption of good faith accorded to OIP's affidavit."
Adequacy of Search
Court of Appeals
Statute of Limitations
Updated January 19, 2017