Newman v. BOP, No. 20-3761, 2022 WL 1521797 (D.D.C. May 13, 2022) (McFadden, J.)

Newman v. BOP, No. 20-3761, 2022 WL 1521797 (D.D.C. May 13, 2022) (McFadden, J.)

Re:  Request for records concerning former Cuban exile Manuel Antonio Carlos Veciana Blanche

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

• Procedural Requirements, Searching for Responsive Records:  "The[] searches [conducted by the U.S. Parole Commission] were more than adequate."  "The Commission began its searches in the database that acts as a centralized hub for its information—Entellitrak."  "It eventually—if not initially—searched that database using 'all combinations' of the names [the subject of the request] provided."  "The Commission's searches of its physical records were similarly exhaustive—the Commission searched physical files for every possible alphabetical category under which [the subject of the request's] files might have been kept."  "And when it became clear responsive records would most likely be at [NARA's Washington National Records Center], the Commission took reasonable (but unsuccessful) steps to obtain those records."  "Sure, one of the Commission's responses to [plaintiff's] FOIA request suggests a specialist searched a limited subset of potential names."  However, "that list is not facially exhaustive or inclusive."  "And other summary judgment evidence makes clear the Commission's list was not exhaustive— [the declarant] has since explained the search 'included every first name and last name combination provided by Plaintiff.'"  "The last 'dispute' concerns whether the Commission should have searched its now-decommissioned legacy databases."  However, "bare speculation about potential records does not create a genuine dispute."  "This case is yet another example of the 'mismatched incentives' that FOIA creates."  "[N]onprofit FOIA requesters . . . pay little to nothing for their FOIA requests."  "So they do not internalize the costs of a wild goose chase like this one."  "This case has tasked multiple attorneys at three agencies (including the U.S. Attorney's Office) and several FOIA specialists in the search for decades-old inmate records that by regulation should have been transferred or destroyed years ago."  "Unsurprisingly, they were."  "But the cost of this predictably fruitless search is borne by the agencies, and ultimately, American taxpayers."
   
• Litigation Considerations, Adequacy of Search:  Plaintiff argues that "the Commission's declarations are too cursory and unspecific to support summary judgment."  "[T]he Court finds the Commission remedied any deficiencies with added detail in [the] General Counsel['s] later declaration."  "In it, the Commission offered further explanation of (1) how it stores transfer receipts; (2) how it searched those transfer receipts; and (3) why [the subject of the request's] transfer receipt would not be in its files."