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Cavezza v. DOJ, No. 15-182, 2015 WL 4148706 (D.D.C. July 9, 2015) (Boasberg, J.)


Cavezza v. DOJ, No. 15-182, 2015 WL 4148706 (D.D.C. July 9, 2015) (Boasberg, J.)

Re: Request for records concerning plaintiff

Disposition: Granting defendant's motion for summary judgment; denying plaintiff's motion for summary judgment

  • Litigation Considerations, Adequacy of Search & Relief:  The court holds that "USNCB has presented detailed and unchallenged information on its search [and] the Court believes summary judgment on this point appropriate."  The court relates that "USNCB searched the sources that could contain responsive records . . . [using] two separate computerized search engines."  The court also finds that "[p]laintiff, in fact, does not contest the adequacy of USNCB's search."  "His only argument is that if certain materials were not located, their non-existence demonstrates the illegality of his extradition."  "A FOIA suit, of course, is not the vehicle to assert such a challenge."
  • Exemptions 6, 7(C) & 7(D):  "The Court . . . concludes that [plaintiff] has conceded [these] issue[s] . . .  and Defendant's FOIA withholdings warrant summary judgment."  "Although the Court does not parse in any detail the applicability of these exemptions, they appear facially valid."  "More fundamentally, Plaintiff does not challenge any of these redactions or the claimed exemptions."
  • Litigation Considerations, "Reasonably Segregable" Requirements:  The court holds that "USNCB has clearly segregated the two responsive records here since they are partially, not fully, redacted, and it has adequately explained its decisions on segregability via [its] declaration."  "[Plaintiff], moreover, raises no complaint with USNCB's segregation decisions."
  • Litigation Considerations, Relief:  The court "den[ies] [plaintiff's] request" to "amend his Complaint to add a prayer for damages."  "As FOIA does not permit monetary damages . . . amending [plaintiff's] Complaint as he desires would be futile."
Court Decision Topic(s)
District Court opinions
Exemption 6
Exemption 7(C)
Exemption 7(D)
Litigation Considerations, Adequacy of Search
Litigation Considerations, Relief
Litigation Considerations, “Reasonably Segregable” Requirements
Updated January 12, 2022