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Lietz v. DEA, No. 22-00136, 2023 WL 5350841 (D. Idaho Aug. 21, 2023) (Brailsford, J.)

Date

Lietz v. DEA, No. 22-00136, 2023 WL 5350841 (D. Idaho Aug. 21, 2023) (Brailsford, J.)

Re:  Requests for records concerning certain alleged searches and seizures

Disposition:  Denying defendant’s motion to dismiss

  • Litigation Considerations, Jurisdiction:  The court holds that “the Ninth Circuit has ruled the exhaustion requirement under FOIA is a ‘prudential consideration rather than a jurisdictional prerequisite.’”  “Although [plaintiff] apparently failed to certify his identification in support of his FOIA requests, a Rule 12(b)(1) motion is not the proper procedure under binding Ninth Circuit authority to address that failure.”  “Accordingly, DEA’s Rule 12(b)(1) motion asserting this Court lacks subject matter jurisdiction . . . is denied.”

    The court also denies “[defendant’s] Rule 12(b)(6) motion to dismiss . . . for failure to state a claim.”  The court relates that “DEA argues that [plaintiff] is unable to prove it violated FOIA and that, as a result, he cannot allege DEA had a pattern and practice claim of failing to process FOIA requests.”  The court explains that, at this stage of the litigation, “[it] has no assurances of the authenticity of DEA’s exhibits or that other documents bearing on the merits of the validity of [plaintiff’s] FOIA requests do not exist.”  “Further, to the extent the Court’s consideration of [plaintiff’s] FOIA requests converts DEA’s motion into one for summary judgment under Rule 56, then [plaintiff] must be given a reasonable opportunity to oppose a converted motion.”
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Jurisdiction
Updated October 4, 2023