Freedom Watch, Inc. v. FBI, No. 18-1912, 2019 WL 108879 (D.D.C. Jan. 4, 2019) (Boasberg, J.)

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."