Thursday, February 8, 2018
Am. Ctr. for Law & Justice v. Dep't of State, No. 16-01975, 2018 WL 784054 (D.D.C. Feb. 8, 2018) (McFadden, J.)
Re: Plaintiff's pattern or practice claim
Disposition: Denying defendant's partial motion to dismiss or to stay proceedings
- Litigation Considerations, Pleadings: The court holds that, "[d]espite State's arguments to the contrary, [plaintiff] has sufficiently alleged a pattern of violating FOIA[.]" The court relates that "[t]o make out a valid pattern or practice claim under FOIA, a plaintiff 'must allege, inter alia, facts establishing that the agency has adopted, endorsed, or implemented some policy or practice that constitutes an ongoing "failure to abide by the terms of the FOIA."'" The court finds that "[plaintiff] makes such an allegation, claiming that State has an 'impermissible practice, policy, and pattern of refusing to [comply with FOIA] unless and until Plaintiff files suit.'" "As Judge Boasberg has already explained, State's conduct is allegedly more insidious than delay in 'isolated incidents' or the challenge of an 'enlarged FOIA docket,' . . . instead resulting from a systemic failure to remedy staffing, training, and management issues identified by their own Inspector General in 2012 and 2016."
Updated July 2, 2018