Wednesday, September 21, 2016
Lewis v. Dep't of Army, No. 115-133, 2016 WL 5219630 (S.D. Ga. Sept. 21, 2016) (Hall, J.)
Re: Request for records concerning plaintiff's removal from service
Disposition: Granting defendants' motion to dismiss
- Procedural Requirements, Entities Subject to the FOIA: The court finds that defendant "[is] correct that only agencies are subject to suit under FOIA." "Accordingly, the Court grants Defendants' motion with respect to [individual] Defendants." "The Department of the Army is the proper Defendant in this case."
- Litigation Considerations, Mootness and Other grounds for Dismissal: The court finds that "Defendants contend, and Plaintiff does not dispute, that Plaintiff has received the documents she requested." "Accordingly, [plaintiff's] claim for injunctive relief is moot, and the Court grants Defendants' motion on this issue."
- Litigation Considerations, Relief: "Because FOIA does not allow claims for monetary damages, Plaintiff's request for damages fails."
- Litigation Considerations, Special Counsel Provision: "In this case, because the Court has not ordered the production of any documents, assessed any attorneys' fees or costs, or issued a statement finding that the agency acted arbitrarily and capriciously, the Court grants Defendants' motion on this issue."
Referral to Special Counsel
Updated January 19, 2017