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Davis v. U.S., No. 14-9173, 2015 WL 2415348 (N.D. Ill. May 19, 2015) (Alonso, J.)

Tuesday, May 19, 2015

Davis v. U.S., No. 14-9173, 2015 WL 2415348 (N.D. Ill. May 19, 2015) (Alonso, J.)

Re: Complaint that defendant did not inform plaintiff of requests concerning plaintiff; requests for certain records

Disposition: Granting defendant's motion to dismiss

  • Procedural Requirements, Proper FOIA Requests:  The court dismisses plaintiff's claim.  The court relates that "plaintiff seeks a declaration that the VA violated the Freedom of Information Act . . . because it: (1) did not tell plaintiff that FOIA requests had been made for his file or provide him with information about those requests; and (2) failed to respond to two FOIA requests he made in 2013."  The court holds that "[t]he former allegations do not state a FOIA claim because the statute does not require the VA to tell plaintiff about other parties' FOIA requests."  "The latter allegation does not state a FOIA claim because, absent a description of the documents plaintiff sought, it is impossible to tell whether his request fell within the parameters of the statute."

District Court
Updated June 26, 2015