Hill v. EOUSA, No. 17-00027, 2018 WL 736295 (W.D. Va. Feb. 6, 2018) (Kiser, S. D. J.)

Hill v. EOUSA, No. 17-00027, 2018 WL 736295 (W.D. Va. Feb. 6, 2018) (Kiser, S. D. J.)

Re: Request for records concerning plaintiff

Disposition: Granting defendant's motion for summary judgment

• Litigation Considerations, Adequacy of Search:  The court relates that "Plaintiff does not appear to contest the search performed by [defendant]."  "Likewise, he does not appear to take issue with any of the withheld or partially disclosed documents listed on the Vaughn index."  "Rather, he contends that records that should have been in the criminal prosecution file were not there."  The court finds that "Plaintiff has failed to present any evidence to establish the records are currently in EOUSA or DOJ's possession."  "In the absence of any evidence to show that records that were in EOUSA or DOJ's possession at the time Plaintiff's FOIA request was filed were improperly withheld, Defendant's Motion for Summary Judgment will be granted."
   
• Litigation Considerations:  In response to plaintiff's arguments, the court holds that "Brady and Giglio concern the Constitutional rights of criminal defendants and have no applicability to civil litigants."  "By filing his action pursuant to FOIA, Plaintiff became a civil litigant, not a criminal defendant."  "If he wishes to pursue his Constitutional rights as a criminal defendant, he is free to do so in a direct or collateral attack on his conviction."  "A FOIA action, however, is not the proper forum to seek that redress."