Cox v. BOP, No. 20-0887, 2021 WL 4355409 (D.D.C. Sept. 24, 2021) (Lamberth, J.)
Date
Cox v. BOP, No. 20-0887, 2021 WL 4355409 (D.D.C. Sept. 24, 2021) (Lamberth, J.)
Re: Request for nine BOP personnel oath-of-office documents
Disposition: Granting defendant's motion for summary judgment
- Exemption 6: The court holds that "[t]he handwritten signatures were properly redacted under Exemption 6 to protect the individuals in question from an unwarranted invasion of privacy." First, the court finds that "Exemption 6 allows agencies to withhold 'personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.'" "Here, defendant proffered facts indicating that the requested documents are in the BOP employees' personnel files . . . falling neatly within this statutory definition." The court then finds that "Defendant argues, and the Court agrees, that the invasion of privacy from publicly disclosing handwritten signatures is substantial." "Anyone could easily forge a BOP employee's signature once they acquire a copy." "In contrast with this substantial invasion, there is no public interest in the disclosure of these signatures." "This Court, like other courts in this District in the past, 'cannot see how disclosing [the employees'] signature[s] would inform citizens about the inner workings of their government.'"
- Litigation Considerations, Relief & Mootness and Other Grounds for Dismissal: The court finds that "Plaintiff's second claim for unnecessary delay is moot." "This Circuit has made clear that after the 'requested records are surrendered, federal courts have no further statutory function to perform.'" "A federal court only has power to 'enjoin the agency from withholding agency records' and 'order the production of any agency records improperly withheld.'" "'Once records are produced the substance of the controversy disappears and becomes moot since the disclosure which the suit seeks has already been made.'" "Accordingly, any allegations plaintiff makes regarding improper delay or stall tactics are irrelevant here."
Court Decision Topic(s)
District Court opinions
Exemption 6
Litigation Considerations, Mootness and Other Grounds for Dismissal
Litigation Considerations, Relief
Updated October 19, 2021