Wednesday, September 21, 2016
Gabrion v. DOJ, No. 15-24, 2016 WL 5121987 (S.D. Ind. Sept. 21, 2016) (Lawrence, J.)
Re: Request for records concerning plaintiff
Disposition: Granting defendant's motion for summary judgment; denying plaintiff's motion for summary judgment
- Exemption 7(C): First, the court finds that "[a] third party's privacy interest in his discipline record outweighs the public's interest in disclosure" and, therefore, this record was correctly withheld. Second, the court finds that "[a] third-party staff member's privacy interest in non-disclosure of his records detailing this injury outweighs any public interest in the disclosure of the documents." Third, the court finds that "[t]he privacy interests of [certain] third parties who corresponded with the BOP regarding [plaintiff] outweigh the public's interest in the documents, as disclosure would not advance public transparency in the operations of the BOP." The court also relates defendant's statement that "even if names and addresses were redacted, [plaintiff] would be able to tell the identities of those parties." Fourth, the court agrees with the withholding of "the names and register numbers for third-party inmates[.]" Fifth, the court finds similarly with regard to defendant's withholding of third party "'Inmate Population Monitoring Records[,]'" as well as "the names, register numbers, sentence, classification, and management information for third-party inmates and specific locations of the inmates from whom [plaintiff] must be separated."
- Exemption 7(E): "The Court finds that Exemption 7(E) applies, as disclosure would reveal techniques, procedures, and guidelines that could reasonably be expected to risk circumvention of the law." Similarly, the court finds that "[d]isclosure of classification and monitoring techniques could allow inmates to use the information in a way that could threaten the safety of guards and other prisoners."
- Exemption 7(F): "The Court finds that Exemption 7(F) applies, as disclosure of [surveillance] video would present clear risks to law enforcement officials." "Other prisoners might learn this information and use it in the future."
Updated January 19, 2017