Leytman v. United States, No. 18-1794, 2024 WL 496774 (E.D.N.Y. Feb. 8, 2024) (Morrison, J.)

Leytman v. United States, No. 18-1794, 2024 WL 496774 (E.D.N.Y. Feb. 8, 2024) (Morrison, J.)

Re:  Request for records concerning plaintiff

Disposition:  Granting defendant’s motion to dismiss

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court observes that “[t]he Amended Complaint alleges that Plaintiff made an initial request for documents under FOIA to the TSA but does not indicate that Plaintiff appealed the results of his initial request.”  “Because the Amended Complaint does not establish that Plaintiff exhausted all of his available administrative remedies before filing suit, and in the absence of any waiver of exhaustion by the TSA, the FOIA claim must be dismissed for lack of subject matter jurisdiction.”

• Litigation Considerations, Pleadings:  The court relates that, “[a]lthough the following observations are not necessary to the instant dismissal because the lack of exhaustion is dispositive, the Court further notes that a FOIA claim must generally be brought against the agency that allegedly improperly withheld its records.”  “Here, [plaintiff] sued the United States of America rather than the TSA, the agency allegedly withholding the records that he seeks.”

• Litigation Considerations, Relief:  “Additionally, the Court observes that the Act does not provide district courts with the authority to award a plaintiff monetary damages resulting from a violation of FOIA, as requested here . . . , but instead authorizes district courts to enjoin or compel agency action.”