Cochran v. DHS, No. 18-201, 2019 WL 1040645 (D. Md. Mar. 5, 2019) (Hollander, J.)

Cochran v. DHS, No. 18-201, 2019 WL 1040645 (D. Md. Mar. 5, 2019) (Hollander, J.)

Re:  Request for records concerning plaintiff's security clearance

Disposition:  Granting defendant's motion for summary judgment

• Litigation Considerations, Adequacy of Search:  The court holds that "FEMA has met its FOIA obligations here."  The court finds that "[defendant's] Supplemental Declaration, coupled with the FEMA exhibits, establish FEMA's compliance with the FOIA in regard to the adequacy of the search itself."  "The exhibits describe the searches, identify search terms, the specific locations that were searched, and indicate that all files likely to contain responsive materials were searched."  Responding to plaintiff's argument, the court finds that "'[a] mere deductive inference that a record "must" exist, without proof, does not raise a material issue of fact regarding the adequacy of an agency's search.'"