Friday, January 4, 2019
Freedom Watch, Inc. v. FBI, No. 18-1912, 2019 WL 108879 (D.D.C. Jan. 4, 2019) (Boasberg, J.)
Re: Request for all communication between FBI and nonprofit organization Southern Poverty Law Center
Disposition: Granting defendant's motion to dismiss
- Litigation Considerations, Exhaustion of Administrative Remedies: The court agrees with defendant "that Freedom Watch . . . failed to exhaust its administrative remedies." The court relates that, "[w]ithin the statutorily required timeframe, the FBI notified Plaintiff that its request did not comply with FOIA's prescriptions and that Defendant would not conduct a search of its records." "The FBI's determination gave [plaintiff] two routes forward." "It could have resubmitted its FOIA request with the additional detail required – thus perfecting its request – or it could have administratively appealed the FBI's assessment that its request was incomplete." "Plaintiff instead brought its grievance to this Court." The court finds that "[j]urisprudential considerations behind the purposes of both exhaustion and FOIA support dismissing this case."
Updated March 22, 2019