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Love v. FBI, No. 18-11, 2018 U.S. Dist. LEXIS 83882 (N.D. Ind. May 18, 2018) (Simon, J.)

Date

Love v. FBI, No. 18-11, 2018 U.S. Dist. LEXIS 83882 (N.D. Ind. May 18, 2018) (Simon, J.)

Re:  Request for plaintiff's investigative file

Disposition:  Denying plaintiff's motion to alter or amend judgment

  • Litigation Considerations:  The court relates that it previously "dismissed this case as malicious because there was no apparent valid reason for [plaintiff] to subject the government to civil proceedings for the sole purpose of obtaining discovery for his pending criminal case in light of the discovery procedures available to criminal defendants."  The court now holds that "a FOIA lawsuit is a significantly inferior mechanism for obtaining criminal discovery when compared to filing the proper motion in a criminal case."  "In the absence of any reasonable purpose for bringing such a lawsuit, [the court] can only conclude that the lawsuit is malicious."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Discovery
Updated January 31, 2020