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