Allison v. USMS, No. 14-00332, 2015 WL 6958016 (D. Idaho Nov. 10, 2015) (Winmill, C.J.)
Date
Allison v. USMS, No. 14-00332, 2015 WL 6958016 (D. Idaho Nov. 10, 2015) (Winmill, C.J.)
Re: Request for records concerning plaintiff
Disposition: Granting defendant's motion for summary judgment
- Litigation Considerations, Exhaustion of Administrative Remedies: "To the extent that [plaintiff] did not . . . administratively challenge or appeal any other aspect of the USMS’s response to his FOIA requests, this Court lacks subject matter jurisdiction over his FOIA claims."
- Procedural Requirements, Searching for Responsive Records: The court holds that "USMS does not have either the police report or dispatch log in its possession." "The USMS can neither produce nor withhold what it does not have." "Given these facts, there is no evidence that the USMS has acted improperly in not producing the police report and dispatch log."
- Exemption 3: The court holds that "USMS has also not improperly withheld a copy of [a] sealed Court Order." "[The] Judge . . . not only sealed the subject Order from public view for purposes of the underlying criminal case, but also made clear that any disclosure of his sealed Order is prohibited under the FOIA."
Court Decision Topic(s)
District Court opinions
Exemption 3
Litigation Considerations, Exhaustion of Administrative Remedies
Procedural Requirements, Searching for Responsive Records
Updated January 10, 2022