Court Decisions Overview
Each year the federal courts issue hundreds of decisions in FOIA cases, addressing all aspects of the law. These decisions shape the way the law is interpreted and applied by the many attorneys and access professionals across the government who handle FOIA requests, administrative appeals, and litigation. To aid those professionals, and to facilitate greater understanding of the FOIA overall, OIP posts summaries of FOIA decisions to this website.
Although we have designed these summaries to reflect the key aspects of each decision, by their nature these are summaries only, and such things as internal citations and quotations have been omitted. Our goal is to provide readers with an overview of the cases as they are decided during the year, but for a complete understanding of any given case readers are, of course, encouraged to read it in its entirety.
Using the Court Decisions Page
This website includes decisions decided since January 2013. Summaries of decisions decided between May 2009 and December 2012 are available in the Court Decisions Archive. All decisions are presented chronologically, based on the date of issuance, with the most recent decision appearing first. Each decision is tagged topically with the relevant exemption or procedural consideration addressed.
You can view all decisions tagged with a particular topic or court by using the “Topic” drop down menu. For example, to see all cases where Exemption 5 is addressed, select “Exemption 5.”
You can search through each decision summary for keywords or phrases using the “Keyword Search” feature. For example, to see all cases with a particular term, such as “e-mail” or “affirming,” you can type in the term or phrase to retrieve all court decision summaries where it appears. You can also use this feature to locate decisions from a particular court by searching for the court acronym, such as “D.C. Cir” for all decisions from the Court of Appeals for the District of Columbia Circuit.
Menifee v. Dep't of the Interior, No. 12-252 (RMC), 2013 WL 1150519 (D.D.C. Mar. 21, 2013) (Collyer, J.)
- Adequacy of Search: The court finds that "Interior's search was adequate and reasonable." The requests were processed by the Interior's Office of the Secretary and "forwarded . . . to other offices for searches in accord with the type...
Bory v. U.S. R.R. Ret. Bd., No. 3:09-cv-1149-J-12MCR, 2013 WL 1174154 (M.D. Fla. Mar. 20, 2013) (Schlesinger, J.)
- Adequacy of Search: The court finds “that Defendant improperly withheld agency records because Defendant has not established that its search for responsive documents...
Gertskis v. EEOC, No. 11 Civ. 5830(JMF), 2013 WL 1148924 (S.D.N.Y. Mar. 20, 2013) (Furman, J.)
- Exemption 5/Deliberative Process Privilege: The EEOC withheld "three words from two recommendation memoranda and language in two sections of four assessment forms." The “documents were prepared by the EEOC investigator...
Nat'l Sec. Counselors v. CIA, No. 12-284 (BAH), 2013 WL 1141768 (D.D.C. Mar. 20, 2013) (Howell, J.)
- Litigation Consideration/Standing: The court finds "plaintiffs have failed to establish that they have Article III standing to bring their policy-or-practice claims." The case law “establish[es] that plaintiffs do not have...
Davidson v. BOP, No. 11-CV-309-KSF, 2013 WL 1149171 (E.D. Ky. Mar. 19, 2013) (Forester, J.)
- Attorney Fees and Costs: The court concludes that analysis of plaintiff's eligibility to receive a portion of his filing fee is "unnecessary" because "it is undisputed that [plaintiff]'s FOIA request languished in the BOP/FOIA office for two...
Serv. Women's Action Network v. DOD, No. 3:11cv1534 (SRU), 2013 WL 1149946 (D. Conn. Mar. 19, 2013) (Underhill, J.)
- Procedural: The court concludes that the arguments presented by plaintiff do not satisfy the standard for granting a motion for reconsideration. The court previously...
Pub. Investors Arbitration Bar Ass'n v. SEC, No. 11-285, 2013 WL 987769 (D.D.C. Mar. 14, 2013) (Howell, J.)
Elec. Privacy Info. Ctr. v. DHS, No. 10-1992(RCL), 2013 WL 829483 (D.D.C. Mar. 7, 2013) (Lamberth, C.J.)
- Exemption 3: The court concludes that DHS is entitled to summary judgment on its withholding of [certain] material designated as security sensitive information...
Elec. Privacy Info. Ctr. v. Transp. Sec. Admin., No. 11-290 (RCL), 2013 WL 829516 (D.D.C. Mar. 7, 2013) (Lamberth, C.J.)
- Exemption 3: The court concludes that the Transportation Security Administration (TSA) is entitled to summary...
Erwin v. U.S. Dep't of State, No. 11 C 6513, 2013 WL 842601 (N.D. Ill. Mar. 6, 2013) (Feinerman, J.)
- Adequacy of Search: The court concludes that defendant's affidavit "does not establish the adequacy of the Department's search for responsive documents." Although the affidavit "adequately described the searches conducted within Human...