Dorsey v. EOUSA, No. 15-5104, 2016 U.S. App. LEXIS 2379 (D.C. Cir. Feb. 10, 2016) (per curiam)

Dorsey v. EOUSA, No. 15-5104, 2016 U.S. App. LEXIS 2379 (D.C. Cir. Feb. 10, 2016) (per curiam)

Re: Request for records concerning plaintiff

Disposition: Granting appellee's motion for summary affirmance in part; remanding case in part

• Procedural Requirements, Searching for Responsive Records; Exemption 3; Exemption 5:  The Court of Appeals for the District of Columbia Circuit holds that "[w]ith respect to the adequacy of the search conducted by the Executive Office for United States Attorneys . . . , the material withheld by the Drug Enforcement Agency . . . and the Federal Bureau of Investigation . . . , and the material withheld by EOUSA under Freedom of Information Act . . . Exemptions 3 and 5 . . . the merits of the parties' positions are so clear as to warrant summary action."
   
• Litigation Considerations, "Reasonably Segregeable" Requirements:  The Court of Appeals for the District of Columbia Circuit orders that, "with respect to documents withheld in full by EOUSA under Exemptions 7(C) and 7(F), . . . the case be remanded for a determination of whether any intelligible portion of the material withheld in full can be segregated for release."  The court finds that "[a]lthough a court may rely on agency affidavits, including Vaughn indices, that show with 'reasonable specificity' why documents withheld in full pursuant to a valid exemption cannot be segregated, . . . EOUSA's supporting affidavit states only legal conclusions regarding segregability, and its Vaughn index does not explain why documents containing identifying information such as names or social security numbers could not be redacted and released in part."  The court finds that, "[o]n remand, the district court can request more detailed affidavits, permit discovery, or conduct an in camera review of the materials."