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Cole v. FBI, No. 13-01205, 2015 WL 4622917 (D.D.C. July 31, 2015) (Cooper, J.)

Date

Cole v. FBI, No. 13-01205, 2015 WL 4622917 (D.D.C. July 31, 2015) (Cooper, J.)

Re: Request for employment and disciplinary records of named FBI agent

Disposition: Granting defendant's motion for summary judgment

  • Exemptions 6 & 7(C):  The court holds that "[t]he FBI properly refused to confirm or deny the existence of the requested personnel records because [plaintiff] had not demonstrated a public interest that outweighs the privacy interests protected under Exemptions 6 and 7([C])."  The court relates that "[plaintiff] does not dispute that the requested information falls within FOIA's Exemptions 6 and 7(C)."  "He asserts instead that Special Agent Stone engaged in 'substantial misconduct' and the public interest in exposing this 'government corruption' outweighs the agent's privacy interests."  "The Court concludes . . . that it need not reach the step of balancing the private and public interests because [plaintiff] has not provided sufficient evidence of any public interest to be balanced."  The court points to plaintiff's previous "habeas proceeding [which] addressed this same allegation and found insufficient evidence to support [plaintiff's] contentions."  Additionally, the court finds that "[plaintiff] presents no new evidence of government misconduct here."
Court Decision Topic(s)
District Court opinions
Exemption 6
Exemption 7(C)
Updated January 12, 2022