Harvey v. Sessions, No. 16-5200, 2017 U.S. App. LEXIS 12918 (D.C. Cir. 2017) (per curiam)

Harvey v. Sessions, No. 16-5200, 2017 U.S. App. LEXIS 12918 (D.C. Cir. 2017) (per curiam)

Re:  Request for records concerning administrative complaints submitted by requester

Disposition:  Granting government's motion for summary affirmance

• Attorney Fees, Eligibility:  The Court of Appeals for the District of Columbia Circuit holds that "[t]he district court correctly determined [the requester] had not 'substantially prevailed' in his lawsuit brought under the Freedom of Information Act because the agency's release of records did not result from 'a voluntary or unilateral change in position by the agency[.]'"  "[The requester] failed to 'show that prosecution of the action could reasonably be regarded as necessary to obtain the information . . . and that a causal nexus exists between that action and the agency's surrender of the information.'"  "Therefore, [the court finds that the requester] was not eligible to recover his litigation costs pursuant to 5 U.S.C. § 552(a)(4)(E), and the district court properly denied his motion seeking costs."