Friday, August 9, 2013
Re: Request for records pertaining to plaintiff and information obtained from third parties during criminal proceedings brought against plaintiff Disposition: Granting defendant's renewed motion for summary judgment
- Adequacy of the Search: The court concludes that "EOUSA's supporting declarations explain in reasonable detail the scope and method of the searches for responsive records." EOUSA searched LIONS (its case management/tracking system) using the plaintiff's name and the names of the seven individuals specified in his FOIA request. A "review of these files yielded no records responsive to plaintiff's FOIA request." Additionally, "[n]one of these files contained any statements as set out in the FOIA request that is in litigation, nor did they contain any statements as ordered to be provided by this court, if they existed." Finally, while the defendant instituted a new case management system during the tenure of the plaintiff's criminal case, "[his] case was still pending during the migration and his case information would have been transferred into LIONS." "[A]bsent 'countervailing evidence or apparent inconsistency of proof,' these declarations 'suffice to demonstrate compliance with the obligations imposed by the FOIA.'"
Adequacy of Search
Updated August 6, 2014