Gonzalez-Lora v. DOJ, No. 15-0718, 2016 U.S. Dist. LEXIS 31394 (D.D.C. Mar. 10, 2016) (Kollar Kotelly, J.)

Gonzalez-Lora v. DOJ, No. 15-0718, 2016 U.S. Dist. LEXIS 31394 (D.D.C. Mar. 10, 2016) (Kollar Kotelly, J.)

Re: Request for records concerning plaintiff's criminal case

Disposition: Dismissing plaintiff's complaint

• Litigation Considerations, Relief:  The court holds that plaintiff cannot "obtain monetary damages for an alleged violation of the FOIA, because 'the sole remedy available to a requester [under the FOIA] is injunctive relief[.]'"  The court relates that plaintiff alleges that "because 'the DEA knowingly and intentionally withheld information[] relevant to the criminal conviction for which he is serving 25 years of imprisonment,' including 'any favorable . . . Brady material,' plaintiff claims that the DEA is liable for damages totaling '[$] 160,000.00 . . . or its equivalent in Gold.'"  Similarly, "[p]laintiff demands damages of $1,000,000.00 'for each year of incarceration since the §2255 motion to vacate was summarily dismissed for lack of the information the DEA knowingly and purposely hid from [him.]'"  "And in his 'third case of action,' plaintiff demands the disclosure of all the responsive records without prepayment of search fees."
   
• Litigation Considerations, Mootness and Other Grounds for Dismissal:  "The Court concludes that both res judicata and collateral estoppel bar plaintiff's claims arising from the DEA's response to his 2000 request for records."  "It is apparent that plaintiff availed himself of the opportunity to challenge the DEA's response to [his FOIA request], including the adequacy of the DEA's search for responsive records."  The court notes that "[plaintiff] readily admits that the prior action pertained to his demand for records from the DEA under the FOIA."  The court finds that "[p]laintiff cannot now relitigate the same cause of action or the issue of the DEA's compliance with the FOIA with respect to his 2000 FOIA request."
   
• Litigation Considerations, Statute of Limitations:  The court holds that, "[f]urthermore, even if res judicata and collateral estoppel do not bar plaintiff's claim, plaintiff would face an additional hurdle."  "A claim under the FOIA must be raised within six years[.]"  "Plaintiff alleges violations of the FOIA and the Privacy Act arising from the DEA's response to the 2000 FOIA request, and the complaint he filed on April 17, 2015 therefore is untimely."