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Freeman v. EOUSA, No. 19-00879, 2019 WL 6918215 (D. Colo. Dec. 19, 2019) (Arguello, J.)

Date

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."
     
Court Decision Topic(s)
District Court opinions
Exemption 3
Procedural Requirements, Proper FOIA Requests
Updated December 8, 2021