Offor v. EEOC, No. 16-2646, 2017 WL 1363869 (2d Cir. Apr. 12, 2017) (per curiam)
Date
Offor v. EEOC, No. 16-2646, 2017 WL 1363869 (2d Cir. Apr. 12, 2017) (per curiam)
Re: Request for requester's EEOC charge file
Disposition: Affirming district court's grant of EEOC's motion to dismiss
- Litigation Considerations, Mootness and Other Grounds for Dismissal: The Court of Appeals for the Second Circuit holds that "[b]ecause [the requester] has received her full case file from the EEOC, there is no judiciable controversy arising under federal law."
- Litigation Considerations, Jurisdiction: The Court of Appeals for the Second Circuit also finds that "[the requester's] contention that the EEOC fabricated some of the 235 pages in the case file and that this assertion creates a viable case or controversy is unsupported." "Such speculative assertions, without more, are not enough to maintain federal subject matter jurisdiction over [the requester's] claims."
- Litigation Considerations, Relief: The Court of Appeals for the Second Circuit holds that, "[w]ith respect to [the requester's] claims for attorney's fees, a special counsel, and an injunction precluding the EEOC from refusing to comply with future document requests, [it] affirm[s] for substantially the reasons stated by the district court in its thorough and well-reasoned decision."
- Procedural Requirements, Entities Subject to the FOIA: The Court of Appeals for the Second Circuit holds that "[t]he district court correctly determined that [the requester] was unable to assert claims against [an individual] individually because FOIA imposes a responsibility on the agency, not individual federal officials, to produce documents."
Court Decision Topic(s)
Court of Appeals opinions
Litigation Considerations, Jurisdiction
Litigation Considerations, Mootness and Other Grounds for Dismissal
Litigation Considerations, Relief
Procedural Requirements, Entities Subject to the FOIA
Updated December 14, 2021