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Fortune, III v. Clarke, No. 19-000481, 2021 WL 4453619 (W.D. Va. Sept. 29, 2021) (Cullen, J.)

Date

Fortune, III v. Clarke, No. 19-000481, 2021 WL 4453619 (W.D. Va. Sept. 29, 2021) (Cullen, J.)

Re:  Plaintiff's allegation that defendant fail[ed] to maintain records accurately under . . . the Freedom of Information Act"

Disposition:  Granting defendant's motion to dismiss plaintiff's second amended complaint

  • Litigation Considerations, Pleadings & Procedural Requirements, Entities Subject to the FOIA:  The court holds that "[plaintiff] does not allege that he ever sought or was denied access to information in the government's possession."  "Accordingly, as he has not alleged any wrongful withholding, he has failed to state a claim under the FOIA."  "Moreover, the federal FOIA 'is applicable to agencies or departments of the Government of the United States, and is not applicable to agencies or departments of a state.'"
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Pleadings
Procedural Requirements, Entities Subject to the FOIA
Updated October 28, 2021