Gossage v. OPM, No. 24-05765, 2025 WL 623665 (W.D. Wash. Feb. 26, 2025) (Cartwright, J.)

Gossage v. OPM, No. 24-05765, 2025 WL 623665 (W.D. Wash. Feb. 26, 2025) (Cartwright, J.)

Re: Request for records concerning plaintiff’s “negative suitability determination”

Disposition:  Granting defendant’s motion to dismiss

• Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court holds that “[plaintiff’s claim] is barred by issue preclusion.”  “In his 2012 suit in this Court, [plaintiff] alleged that OPM violated FOIA by ‘wrongfully withholding the 2004 rescission of the negative-suitability decision.’”  “In that case too, [plaintiff] sought ‘damages under FOIA for failure to release the 2004 rescission of the non-suitability decision.’” “The Court determined [plaintiff] failed to state a FOIA claim because FOIA only authorizes injunctive relief, not monetary damages.”  “As before, the alleged FOIA violation was identical, actually litigated, given a full and fair opportunity to be litigated, and was necessary to the Court’s judgment on [plaintiff’s] failure to state a claim.”