Monday, June 13, 2016
Dorsey v. DEA, No. 15-5110, 2016 U.S. App. LEXIS 10735 (D.C. Cir. June 13, 2016) (per curiam)
Re: Request for records concerning alleged confidential informants
Disposition: Granting motion for summary affirmance, denying motion for summary reversal
- Litigation Considerations, Considerations on Appeal: The Court of Appeals for the District of Columbia holds that "[t]he merits of the parties' positions are so clear as to warrant summary action." The court finds that "[i]n response to [the requester's] request pursuant to the Freedom of Information Act . . . the Drug Enforcement Administration 'made a good faith effort to conduct a search for the requested records, using methods which can be reasonably expected to produce the information requested.'" Additionally, "[w]ith respect to records that were withheld under the exemption provisions of FOIA, . . . [the requester] does not challenge the DEA's invocation of FOIA Exemption 7(E), and the declarations provided by the DEA demonstrated with reasonably specific detail that the remaining withheld information logically falls within Exemptions 3, 5, 7(C), and 7(D)." The court also finds that it "need not evaluate the merits of the DEA's invocation of Exemption 7(F), because it overlaps in this case with Exemptions 7(C) and 7(D)." "Finally, [the requester] has not rebutted the 'presumption that [the DEA] complied with the obligation to disclose reasonably segregable material.'"
Court of Appeals
Updated October 6, 2016