Freeman v. EOUSA, No. 19-00879, 2019 WL 6918215 (D. Colo. Dec. 19, 2019) (Arguello, J.)
Freeman v. EOUSA, No. 19-00879, 2019 WL 6918215 (D. Colo. Dec. 19, 2019) (Arguello, J.)
Re: Requests for plaintiff's grand jury cross examination transcripts and arrest warrants
Disposition: Granting defendant's motion for summary judgment; denying plaintiff's motion for summary judgment
- Procedural Requirements, Proper FOIA Requests: The court finds that "[i]t is undisputed that Defendant EOUSA did not receive a FOIA request from Plaintiff for his arrest warrants; therefore, the only dispute at issue is whether Defendant appropriately denied Plaintiff's FOIA request for his grand jury cross examination transcripts."
- Exemption 3: The court relates that "[i]n the instant case, Plaintiff requested grand jury transcripts of only his cross examination . . . ." "Howe
ver, [the court finds that] because Plaintiff's cross examination occurred before a grand jury, the transcript will reveal 'the inner workings, scope or direction' of those proceedings." "Therefore, Rule 6(e) prohibits the disclosure of the documents requested."