Gardner v. DOE, No. 24-268, 2024 WL 4286358 (D.N.M. Sept. 25, 2024) (Riggs, J.)
Gardner v. DOE, No. 24-268, 2024 WL 4286358 (D.N.M. Sept. 25, 2024) (Riggs, J.)
Re: Request for letter from private company containing denial of plaintiff’s ex-wife’s security clearance
Disposition: Granting one private defendant’s motion to dismiss for failure to state a claim
- Procedural Requirements, Entities Subject to the FOIA: “Because the Court has determined that Defendant is a private entity, rather than a federal agency, Plaintiff’s FOIA claim fails.” “Private companies with federal contracts are not subject to FOIA simply because of their association with the federal government.” “Rather, for ‘a private organization to be considered “federal” for FOIA purposes, there must be “substantial federal supervision of the private activities” apart from the supervision “necessary to assure compliance” with agency goals.’” “Plaintiff has alleged no facts to suggest that Defendant is entangled with the federal government to the level necessary to subject them to FOIA.”