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Begay v. NARA, No. 21-782, 2021 WL 4589085 (D.D.C. Oct. 6, 2021) (Kelly, J.)


Begay v. NARA, No. 21-782, 2021 WL 4589085 (D.D.C. Oct. 6, 2021) (Kelly, J.)

Re:  Request for records concerning plaintiff's criminal case

Disposition:  Granting in part and denying in part defendant's motion to dismiss and strike jury demand

  • Litigation Considerations:  The court holds that "Defendant correctly argues that Plaintiff fails to allege a plausible First Amendment claim."  The court holds that "FOIA allows the public to obtain government records by making a request to an agency."  "Plaintiff argues that Defendant violated his petition right because it has not released records he requested."  "But that allegation does not implicate the First Amendment."  "'There is no constitutional right to have access to particular government information.'"  Additionally, "[t]he Court will strike Plaintiff's demand for a jury trial."  "[S]ince FOIA only offers equitable remedies, it likely falls outside the Seventh Amendment's ambit for that reason."  "And in any event, the statute itself does not provide a jury right."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Supplemental to Main Categories
Updated November 1, 2021