McDonald v. Barr, No. 18-3402, 2020 WL 402451 (2d Cir. Jan. 24, 2020) (per curiam)

McDonald v. Barr, No. 18-3402, 2020 WL 402451 (2d Cir. Jan. 24, 2020) (per curiam)

Re:  Request for records concerning requester's 'reinstatement' to job with former employer, USPS

Disposition:  Affirming district court's grant of government's motion for summary judgment

• Litigation Considerations, Adequacy of Search:  The Court of Appeals for the Second Circuit holds that "[t]he affidavits submitted by Defendants-Appellees in the district court show that the U.S. Attorney's Office conducted a reasonable search for documents responsive to [the requester's] request, including by contacting [the AUSA in plaintiff's previous employment discrimination lawsuit who requester alleges maintains responsive records], reviewing the oral argument recording, and seeking clarification from [the requester] about his request."  Additionally, the court finds that "[the requester] failed to rebut that evidence with any specific evidence showing that the documents he sought existed or that the defendants acted in bad faith."