Mount v. Nielsen, No. 16-2532, 2018 WL 707485 (D.D.C. Feb. 5, 2018) (Cooper, J.)

Date: 
Monday, February 5, 2018

Mount v. Nielsen, No. 16-2532, 2018 WL 707485 (D.D.C. Feb. 5, 2018) (Cooper, J.)

Re: Request for records concerning "allegation that . . . [a] Supervisory Special Agent . . . lost his official credentials to a prostitute and the credentials had to be retrieved by local police"

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

  • Exemption 7, Threshold:  The court holds that "any OIG investigation of a Special Agent losing his credentials to a prostitute would be related to the enforcement of federal laws and connected to OIG's law enforcement duties[]" and, therefore, if any records existed, they would "be compiled for law enforcement purposes."
     
  • Exemption 7(C), Glomar:  The court holds that "[t]he Department's Glomar response is . . . proper."  The court finds that "'"[t]here can be no clearer example of an unwarranted invasion of personal privacy than to release to the public that another individual was the subject of [a law enforcement] investigation."'"  "That is precisely the harm that would follow from the Department's confirmation of any records responsive to [plaintiff's] request."  The court also finds that "the public interest is not strong enough to justify the privacy invasion."
Topic: 
District Court
Exemption 7
Exemption 7C
Glomar
Updated July 3, 2018