Am. Civil Liberties Union of Ariz. v. DHS, No. 15-00247, 2018 WL 1428153 (D. Ariz. Mar. 22, 2018) (Tuchi, J.)

Am. Civil Liberties Union of Ariz. v. DHS, No. 15-00247, 2018 WL 1428153 (D. Ariz. Mar. 22, 2018) (Tuchi, J.)

Re: Request for records concerning "'alleged or actual mistreatment of children in DHS custody from January 1, 2009 to the present'"

Disposition: Granting in part and denying in part defendant's motion for reconsideration

• Exertion 7(C):  "The Court agrees it erred when it stated that a protective order would be appropriate under FOIA to keep disclosure of the employees' names private."  "However, upon review of the parties' more extensive briefing, the Court still finds that the requested employees' names are not exempt from disclosure under FOIA Exemptions 6 or 7(C), and Defendants must therefore disclose the requested names."  First, "[t]he Court concludes that Defendants have identified a nontrivial privacy interest in the nondisclosure of certain employees' names[.]"  Second, the court finds that "Plaintiffs' requests are targeted at specific employees accused of the abuse of minors in CBP custody for the specific purpose of finding patterns of behavior among the employees involved and determining whether the agencies engaged in a sufficient investigation, or any investigation, of those employees."  Finally, "the Court finds the balance tips in favor of the public interest."  "Important to the Court is the fact that Plaintiffs' requests for employees' names are targeted at only specific employees accused of misconduct."  "Plaintiffs have demonstrated more than a bare suspicion that Defendants' investigations into misconduct allegations were insufficient; indeed, from the evidence before the Court, it appears completed investigations were almost nonexistent."