Lazar v. FBI, No. 15-3648, 2016 WL 4802804 (E.D. Pa. Sept. 13, 2016) (Rufe, J.)
Re: Request for records concerning two third parties that plaintiff alleges should be suspects in murder for which plaintiff was convicted
Disposition: Granting defendant's motion to dismiss and motion for partial summary judgment; denying plaintiff's motion for summary judgment
- Litigation Considerations, Exhaustion of Administrative Remedies: "Because the Court is convinced that it lacks subject matter jurisdiction over [one] part of [plaintiff's] claim, his claim will be dismissed as it relates to his request for information concerning [one of the third parties]." The court finds that "[plaintiff] did not appeal the FBI's conclusion that there were no records responsive to his request concerning [one third party]." "He does not appear to dispute this fact."
- Exemptions 6 & 7(C): The court holds that "[t]he FBI's Glomar response was appropriate [in response to the request for records concerning two other third parties], and [plaintiff] does not dispute that it was." Responding to plaintiff's counter-arguments, the court finds that "'[i]ndividuals involved in a criminal investigation possess a privacy interest in not having their names revealed in connection with disclosure of the fact and subject matter of the investigation.'" "Additionally, the fact that a person has a criminal record does not diminish his privacy interest." Also, "[plaintiff] has not produced evidence that would 'warrant a belief by a reasonable person that the alleged Government impropriety might have occurred.'"