Tuesday, April 3, 2018
Negley v. DOJ, No. 15-1004, 2018 U.S. Dist. LEXIS 56844 (D.D.C. Apr. 3, 2018) (Boasberg, J.)
Re: Request for certain file concerning plaintiff
Disposition: Granting defendant's motion for summary judgment
- Litigation Considerations, Adequacy of Search: The court notes that "[t]he only question [it] must ask is whether, pursuant to [plaintiff's] Fourth FOIA Request, the FBI has properly identified the [requested file]." "On review, [the court finds that] it is obvious that the agency has found the elephant [plaintiff] has been hunting, and the agency's inconsistencies in describing that file's contents do not cast doubt on that conclusion." "The Court . . . credits the Government's claim that it has found the requested file[.]" Responding to plaintiff's argument, the court finds that "'[m]ere speculation that as yet uncovered documents may exist does not undermine the finding that the agency conducted a reasonable search for them.'"
Adequacy of Search
Updated July 3, 2018