Black v. DHS, No. 10-2040, 2014 U.S. Dist. LEXIS 42193 (D. Nev. Mar. 28, 2014) (Mahan, J.)
Re: Request for records concerning report of investigation prepared in response to plaintiff's complaint of misconduct
Disposition: Denying plaintiff's motion for summary judgment; granting defendant's cross-motion for summary judgment
- Exemption 7(C): The court "holds that DHS' withholding of these records pursuant to 5 U.S.C. 552(b)(7)(C) was proper." The court explains that "[i]n the instant case, DHS has met its burden to establish a 'rational nexus' between the agency's law enforcement duties and the withheld documents." "In addition, DHS correctly notes that plaintiff has not presented admissible evidence which demonstrates that an impropriety might have occurred in the investigation which would outweigh the privacy interest inherent in criminal investigation documents."