Gunter v. Secret Serv., No. 19-353, 2020 WL 570010 (D.D.C. Feb. 5, 2020) (Hogan, J.)
Date
Gunter v. Secret Serv., No. 19-353, 2020 WL 570010 (D.D.C. Feb. 5, 2020) (Hogan, J.)
Re: Request for records concerning plaintiff
Disposition: Granting defendant's motion for summary judgment
- Litigation Considerations, Exhaustion of Administrative Remedies: The court finds that "[b]ecause Plaintiff offered no facts to show that he exhausted the required administrative remedies, . . . his federal lawsuit is premature." The court holds that "the Secret Service responded to Plaintiff's FOIA request on November 19, 2018, which was 80 days before Plaintiff filed this lawsuit." 'As a result, Plaintiff was required to exhaust his administrative remedies before seeking federal judicial review, notwithstanding whether the Secret Service initially failed to comply with FOIA's statutory deadline, as Plaintiff alleges . . . ."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Updated March 10, 2020