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Cunningham v. HUD, No. 23-0534, 2023 WL 2955895 (E.D. Pa. Apr. 14, 2023) (Kenney, J.)

Date

Cunningham v. HUD, No. 23-0534, 2023 WL 2955895 (E.D. Pa. Apr. 14, 2023) (Kenney, J.)

Re:  Request for records concerning plaintiff’s home mortgage loan

Disposition:  Dismissing plaintiff’s FOIA complaints; denying plaintiff’s motion for summary judgment

  • Litigation Considerations, Pleadings:  The court finds that “while FOIA creates disclosure obligations for federal agencies, FOIA claims may not be brought against individual federal officials or employees.”  “Accordingly, [plaintiff’s] FOIA claims against [individual defendants] will be dismissed with prejudice.”
     
  • Litigation Considerations, Relief:  The court finds that “money damages are not available under FOIA.”  “Accordingly, to the extent [plaintiff] seeks money damages for alleged FOIA violations, those claims are dismissed with prejudice also.”
     
  • Litigation Considerations, Exhaustion of Administrative Remedies:  The court finds that “[plaintiff’s] Complaint does not allege that he has exhausted available administrative remedies [as to his remaining request] and does not allege that HUD failed to respond to his FOIA request as prescribed in the statute.”  “Instead, . . . he alleges only that HUD ignored his request.”  “[Plaintiff’s] FOIA claim is not plausible and must be dismissed.”  “However, he will be granted leave to amend this claim.”
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Litigation Considerations, Pleadings
Litigation Considerations, Relief
Updated May 10, 2023