Behrens v. United States Attorney, No. 14-0838, 2016 WL 1626827 (D.D.C. Apr. 22, 2016) (Mehta, J.)
Re: Request for records concerning plaintiff's criminal case, specifically an order authorizing plaintiff's prosecution
Disposition: Denying defendant's supplemental motion for summary judgment
- Procedural Requirements, Searching for Responsive Records: "The court finds that Defendant's response to Plaintiff’s FOIA request falls short for two reasons." "First, Defendant failed 'to construe [Plaintiff’s] FOIA request liberally.'" "Second, Defendant failed to search the records in its possession where 'responsive records are likely to be located.'" "Maybe [an] order [authorizing plaintiff's prosecution] exists; maybe it doesn't." "But Defendant did not search all likely locations for such a record." "Most notably, it did not search the criminal case file involving the charges for which Plaintiff was convicted." "By failing to search that case file, which it admittedly possesses, Defendant failed to carry out its obligation to search those records 'that are likely to turn up the information requested.'"