Mitchell v. U.S. Prob. Dep’t, No. 23-02211, 2023 WL 3575230 (E.D.N.Y. May 15, 2023) (Morrison, J.)

Mitchell v. U.S. Prob. Dep’t, No. 23-02211, 2023 WL 3575230 (E.D.N.Y. May 15, 2023) (Morrison, J.)

Re:  Request for plaintiff’s probation record

Disposition:  Ordering plaintiff to show cause why complaint should not be dismissed

• Procedural Requirements, Entities Subject to the FOIA:  The court holds that “Plaintiff’s probation record is not an ‘agency record’ within the meaning of the statute, and the Probation Department is exempt from the disclosure requirements of FOIA and the Privacy Act.”  The court explains that “[t]he Probation Department is an administrative unit of the judiciary.”