Gerdes v. Neimann, No. 23-58, 2024 WL 3650140 (D. Mont. Aug. 5, 2024) (DeSoto, Mag. J.)

Gerdes v. Neimann, No. 23-58, 2024 WL 3650140 (D. Mont. Aug. 5, 2024) (DeSoto, Mag. J.)

Re:  Request for records concerning “‘conclusive identification of an actual individual “SARS-COV-2 virus” specimen which was identified in and/or obtained directly from a used face mask or so-called “face covering”’”

Disposition:  Granting defendants’ motion to dismiss

• Procedural Requirements, Entities Subject to the FOIA:  “[T]he Court notes that [plaintiff] frequently refers in the Complaint to his requests for information as ‘FOIA requests.’”  The court finds that “[t]o the extent [plaintiff] means to allege that Defendants violated the [FOIA] by failing to adequately respond to his initial or subsequent requests for information, he fails to state a claim for relief.”  “FOIA applies to the federal government only, not to municipal or state agencies or their employees.”  “Because Defendants are . . . County employees, FOIA does not apply . . . .”