Dorsey v. EOUSA, No. 12-0534, 2018 WL 4762256 (D.D.C. Oct. 1, 2018) (Sullivan, J.)

Date: 
Monday, October 1, 2018

Dorsey v. EOUSA, No. 12-0534, 2018 WL 4762256 (D.D.C. Oct. 1, 2018) (Sullivan, J.)

Re:  Request for "'surveillance video, video logs, handwritten notes, call logs, warrants . . ., promises, agreements and any information that is required to be released under [the] FOIA'"

Disposition:  Finding that defendant properly segregated all non-exempt information

  • Litigation Considerations, Vaughn Index/Declaration:  The court recounts that "[t]he United States Court of Appeals for the District of Columbia Circuit affirmed this Court's rulings with respect to information withheld by the EOUSA under Exemptions 3 and 5, and remanded the case 'for a determination of whether any intelligible portion of the material withheld in full [under Exemptions 7(C) and 7(F)] can be segregated for release.'"  "The Court ordered defendant to submit a more detailed declaration explaining its decision to withhold information under the claimed exemptions and its reasons why no reasonably segregable information can be released."  The court finds that "[t]he EOUSA's declarant avers that 'no reasonably segregable non-exempt information was withheld from plaintiff.'"  "Based on the Court's review of all the EOUSA's declarations and its Vaughn Index, the EOUSA adequately specifies 'which portions of the document[s] are disclosable and which are allegedly exempt.'"  "The EOUSA thus justifies its decision to withhold information under Exemptions 7(C) and 7(F), particularly given the nature of the underlying criminal activity described in the records, the level of detail of the information contained in the records, and the degree of familiarity between plaintiff and the third parties whose identities are being protected."
Topic: 
Declarations
District Court
Litigation Considerations
Vaughn Index
Updated January 31, 2019