Offor v. EEOC, No. 16-2646, 2017 WL 1363869 (2d Cir. Apr. 12, 2017) (per curiam)

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."