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Barry v. Haaland, No. 19-3380, 2021 WL 1177798 (D.D.C. Mar. 29, 2021) (Friedrich, J.)

Date

Barry v. Haaland, No. 19-3380, 2021 WL 1177798 (D.D.C. Mar. 29, 2021) (Friedrich, J.)

Re:  Request for "'[a]ll investigations and [Inspector General] reports concerning [a third party]'"

Disposition:  Granting defendant's motion for summary judgment with respect to plaintiff's FOIA claim

  • Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that "[b]ecause [plaintiff] did not exhaust his administrative remedies, 'summary judgment on this issue is consistent with the purposes of exhaustion and FOIA's detailed administrative scheme.'"  The court relates that "DOI responded to [plaintiff's] request in April 2019, indicating that the information sought was exempt from disclosure pursuant to FOIA exemptions 6 and 7(c)."  "At that time, DOI also advised [plaintiff] of his right to an administrative appeal."  "[Plaintiff] does not dispute that he did not file an administrative appeal, and he offers no excuse in his complaint or briefs for his failure to do so."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Updated April 28, 2021