Grey v. Cuccinelli, No. 18-01764, 2021 WL 914245 (D.S.C. Mar. 10, 2021) (Norton, J.)

Grey v. Cuccinelli, No. 18-01764, 2021 WL 914245 (D.S.C. Mar. 10, 2021) (Norton, J.)

Re:  Request for records concerning plaintiff's Alien Registration File, as well as plaintiff's application for naturalization

Disposition:  Granting in part and denying in part defendants' motion for summary judgment

• Exemption 7(E):  Regarding certain training records, "the court rejects [plaintiff's] argument that a record's use in training disqualifies it from protection under the law enforcement exemption."  "[Plaintiff's] argument fails because training officers how to enforce the law is a 'law enforcement purpose.'"  "As such, the fact that an otherwise exempted record is used to train rather than to enforce does not automatically subject that record to disclosure."  Moreover, the court finds that "[r]ecords that are used to train officers who do not actually carry out the enforcement of the law nevertheless serve a clear law enforcement purpose."  "The fact that [certain officers] investigate behind the scenes, rather than make public-facing decisions, does not mean that they do not contribute meaningfully to the enforcement of the law."  The court does, however, "resolve[] [one dispute] on a document-by-document basis in its in camera review, finding that records that reveal well-known techniques, guidelines, and procedures fall outside of the scope of Exemption 7(E)."  Finally, "the court conducted an in camera review of the relevant materials" and "finds that the majority of the withheld or redacted records fall within Exemption 7(E) and are thus properly withheld or redacted in accordance with FOIA."  "[Certain] records, however, fall outside of Exemption 7(E) and are subject to disclosure . . . ."  "In accordance with the above law, the court has determined that these records either (1) do not constitute guidelines, techniques, or procedures, (2) constitute guidelines but do not risk circumvention of the law, or (3) are generally known to the public."  "As such, they are subject to disclosure."