Monday, April 18, 2016
Harvey v. Lynch, No. 14-784, 2016 WL 1559129 (D.D.C. Apr. 18, 2016) (Moss, J.)
Re: Request for records concerning administrative complaints submitted by plaintiff
Disposition: Denying plaintiff's motion for attorney fees and costs
- Attorney Fees: The court holds that "[b]ecause [the] timeline makes clear that [plaintiff's] suit was not the cause of the BOP's production of records, [plaintiff] is not eligible for an award of costs." The court relates that "[plaintiff] concedes that he is eligible for costs, if at all, only" due to "'a voluntary or unilateral change in position by the agency,' as long as the requester's claim is 'not insubstantial.'" The court finds that "BOP's delay, while regrettable, is not of the length that would ordinarily permit the Court to infer that it was prompted to action by [plaintiff's] lawsuit." "And the BOP eventually provided 'a detailed timeline of events leading up to the disclosure of information' that largely, if not completely, refutes any claim that that happened here."
Updated June 3, 2016