Gallahue, Jr. v. United States, No. 16-00242, 2016 WL 6699260 (W.D. Ky. Nov. 14, 2016) (Simpson III., S. J.)

Gallahue, Jr. v. United States, No. 16-00242, 2016 WL 6699260 (W.D. Ky. Nov. 14, 2016) (Simpson III., S. J.)

Re: Request for records concerning third party who plead guilty to child pornography charges

Disposition: Granting defendant's motion to dismiss

• Litigation Considerations, Exhaustion of Administrative Remedies: The court holds that "[b]ecause [plaintiff's] did not exhaust their administrative remedies after the FBI denied their request for [certain] photographs, the Court lacks jurisdiction to hear their claim arising under FOIA." The court relates that "[plaintiffs] never responded to the FBI's letter." "Nor did they administratively appeal the denial of their FOIA request." Additionally, the court finds that "[plaintiff's] argument that they should not be barred from asserting their claim in this court regardless of whether they exhausted their administrative remedies because they believed that USAO spoke on behalf of the FBI fails." The court explains that "the USAO represents the United States, its agencies, and its officials in civil litigation." "FOIA's appeals process is administrative – not civil litigation."