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Bush v. USDA, No. 21-5267, 2022 WL 1701528 (D.C. Cir. May 25, 2022) (per curiam)


Bush v. USDA, No. 21-5267, 2022 WL 1701528 (D.C. Cir. May 25, 2022) (per curiam)

Re:  Request for corn and soybean production about certain parts of Iowa

Disposition:  Granting government's motion for summary affirmance

  • Litigation Considerations, Adequacy of Search:  "With respect to the district court's order granting summary judgment for [the government], the court correctly concluded that the government's search for records in response to [the requester's] FOIA request was adequate, in light of the declarations submitted by [the government]." 
  • Litigation Considerations, Pattern-or-Practice Claims:  "The district court also correctly concluded that [the requester] failed to establish that the Department of Agriculture has a policy or practice of violating FOIA." 
  • Attorney's Fees:  "[T]he court correctly declined to consider [the requester's] constitutional challenge to existing precedent with respect to the availability of attorney fees for pro se FOIA litigants, because [the requester] did not 'substantially prevail' in this case and would thus have been ineligible for attorney fees whether they are available to pro se litigants or not." 
  • Litigation Considerations, Pleadings:  "[I]nsofar as [the requester] purported to raise claims against both the Department and the United States as separate defendants, the question of whether the United States is a proper defendant in a FOIA case is merely academic because, as discussed above, his claims lacked merit regardless of the identity of the defendant."
Court Decision Topic(s)
Court of Appeals opinions
Attorney Fees
Litigation Considerations, Adequacy of Search
Litigation Considerations, Pattern-or-Practice Claims
Litigation Considerations, Pleadings
Updated June 9, 2022