Thursday, September 27, 2018
Micolo v. DOJ, No. 16-5635, 2018 WL 4636985 (E.D.N.Y. Sept. 27, 2018) (Seybert, J.)
Re: Request for records concerning robbery investigation involving plaintiff
Disposition: Granting defendant's motion for summary judgment
- Litigation Considerations, Mootness and Other Grounds for Dismissal: The court holds that "Plaintiff has received all of the documents previously withheld from the July 2015 Release" and dismisses that count.
- Litigation Considerations, Adequacy of Search: "Based on the facts contained in [defendant's] [d]eclaration, the Court finds that the searches were adequate and reasonable and that Defendant has sustained its burden to show that it complied with FOIA." The court relates that "[defendant's] [d]eclaration describes the FBI databases and records systems that were searched . . . and the specific steps taken by the FBI in response to each of Plaintiff's requests[.]" "Specifically, for each request, the declaration outlines the electronic database(s) and/or paper files searched, the search types and terms, and the reasons for each of the steps taken by the bureau." "[Defendant's] Declaration also details the additional searches conducted after the commencement of this action and explains how and why an additional five documents were located at that time."
Adequacy of Search
Updated January 31, 2019