Flippin v. Dep't of Interior, No. 19-1221, 2020 WL 7372669 (D.D.C. Dec. 31, 2019) (Howell, C. J.)

Flippin v. Dep't of Interior, No. 19-1221, 2020 WL 7372669 (D.D.C. Dec. 31, 2019) (Howell, C. J.)

Re:  Request for records concerning certain federal police officers

Disposition:  Granting defendants' motions to dismiss

• Procedural Requirements, Entitles Subject to the FOIA:  The court holds that "the complaint against the U.S. Capitol Police is dismissed with prejudice for failure to state a claim upon which relief can be granted."  The court finds that "[t]he U.S. Capitol Police asserts correctly that as ''an entity of the Congress,' it is not a proper FOIA defendant."
   
• Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that "plaintiff admits in the complaint – dated the same day as the FOIA request – that DOI acknowledged his request on the day it was submitted and 'advised' him that the request 'had been forwarded' to the Park Police's FOIA Officers for processing."  "Before the plaintiff moved to reopen this action, moreover, DOI had in fact responded to his FOIA request, explaining (1) why certain information was withheld and (2) the plaintiff’s right to pursue an administrative appeal."  "DOI has not 'abandoned' that decision during the course of this litigation, . . . and thus the plaintiff must exhaust his administrative remedies before obtaining judicial review."