Landers v. DOJ, No. 12-4045, 2014 WL 3735376 (N.D. Ala. July 24, 2014) (Smith, Jr. J.)

Landers v. DOJ, No. 12-4045, 2014 WL 3735376 (N.D. Ala. July 24, 2014) (Smith, Jr. J.)

Re: Request for records concerning plaintiff

Disposition: Holding that in camera review of disputed documents is necessary before rendering final decision on motions for summary judgment

• Litigation Considerations, In Camera Inspection:  The court holds that "[u]pon review of all the information currently in the record, the court is inclined to conclude that defendant has satisfied its burden of proving it properly withheld and/or redacted portions of the requested information pursuant to the cited exemptions."  "Even so, out of an abundance of caution, and, in keeping with the 'strong public policy in favor of public access to information in the possession of federal agencies,' the court will conduct an in camera review of the contested documents to determine whether they fall under any of the applicable exemptions" (quotation marks omitted).  The court relates that "[d]efendant relies upon FOIA exemptions 6, 7(C), 7(D), and 7(E) to support its withholding and redaction of certain pages requested by plaintiff," and that "[a]s evidentiary support for the application of those exemptions, defendant . . . spends thirty-six paragraphs, spread over approximately seventeen pages, explaining the reasons for withholding documents pursuant to each exemption."  "Defendant also provides copies of all the documents it did produce to plaintiff, and a Vaughn Index detailing, for each category of information requested by plaintiff: the total number of pages; the date of creation; any applicable exemption and an explanation of its application; the FBI's decision on the request; and the corresponding paragraphs of [defendant's] affidavit."