Friday, August 22, 2014
Garvey v. DOJ, No. 14-201, 2014 WL 4178290 (D.D.C. Aug. 22, 2014) (Leon, J.)
Re: Request for ethics opinion requested by and provided to prosecutor in plaintiff's prior criminal case
Disposition: Denying plaintiff's motion for summary judgment
- Exemption 6: The court "conclude[s] that although the government's assertions are not detailed, they suffice at least to create a genuine issue of material fact as to whether the information warrants withholding under Exemption 6, and [plaintiff] is not entitled to summary judgment." The court notes that "EOUSA determined that there was no public interest in disclosure, 'because the dissemination of this personal information would not help to explain the activities and the operations of the USAO,' . . . and [plaintiff] has not argued or offered any evidence to the contrary."
- Exemption 7(C): The court holds that "[plaintiff] failed to establish the government improperly invoked the narrower Exemption 6, and he fares no better here." The court first notes that "the records in question were compiled for law enforcement purposes." "They were created by government prosecutors or other employees of prosecuting offices during the course of, and for the purpose of, a criminal proceeding." The court finds that "[t]he third parties at issue have a privacy interest in their personal information remaining private." "And again, [plaintiff] has not specified the public interest justification for the disclosure he requests."
Updated January 29, 2015