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McNeely v. DOE, No. 14-03509, 2017 WL 4098864 (N.D. Cal. Sept. 15, 2017) (Davila, J.)

Date

McNeely v. DOE, No. 14-03509, 2017 WL 4098864 (N.D. Cal. Sept. 15, 2017) (Davila, J.)

Re:  Request for records concerning plaintiff's childhood on Hanford nuclear reservation, as well as study conducted from 1948 to 1952 where plaintiff alleges she "'was a subject'"

Disposition:  Granting defendant's motion for summary judgment; denying plaintiff's motion for summary judgment

  • Litigation Considerations, Adequacy of Search:  "[T]he Court finds that the Federal Defendants' search was adequate."  The court specifically notes that "the Federal Defendants have met their burden by providing detailed declarations[.]"
     
  • Exemption 6:  "[T]he Court finds that that Federal Defendants properly withheld information about third parties."  "The medical records at issue here are precisely the type of information that Exemption 6 protects from disclosure."  "[Plaintiff] has not demonstrated any public interest that disclosure would serve."
     
  • Litigation Considerations, Pleadings:  "[T]he Court finds that [one named third party], an individual, is not a proper defendant."
Court Decision Topic(s)
District Court opinions
Exemption 6
Litigation Considerations, Adequacy of Search
Litigation Considerations, Pleadings
Updated December 8, 2021