O'Neill v. DOJ, No. 16-425, 2017 WL 384334 (E.D. Wis. Jan. 25, 2017) (Adelman, J.)
Date
O'Neill v. DOJ, No. 16-425, 2017 WL 384334 (E.D. Wis. Jan. 25, 2017) (Adelman, J.)
Re: Request for USMS security plan and documents concerning USMS security plan
Disposition: Granting defendant's motion for summary judgment
- Litigation Considerations, Adequacy of Search: The court holds that "[b]oth defendants satisfied their burden to show that the agencies searched their records using methods that could reasonably produce the information requested." Frist, the court finds that "USMS conducted a search of their electronic databases using plaintiff's name and personal identifiers and could not find the security plan." "USMS also searched individual office computers, shared drives, and paper files." "Contrary to plaintiff's assertion, the USMS was not required to specifically describe 'which particular paper files were searched' in order to prove that their search was reasonable." "Lastly, [responding to [plaintiff['s] argu[ment] that the USMS search was inadequate because it did not include a search for 'communications' between USMS employees regarding the security plan[,]" the court finds that "[p]laintiff's FOIA request only asks for a copy of the 56–page courtroom security plan, and does not ask for 'communications' related to the plan." Second, the court "conclude[s] that the FBI searched their records using methods that could reasonably produce the information requested[,]" specifically conducting "a search using plaintiff's name and personal identifiers to locate documents related to his trial [which] was reasonable and intended to produce the records requested." Responding to plaintiff's arguments, the court finds that "FOIA only requires that the agency conduct a 'reasonable' search of records." "[P]laintiff seeks [records that] are almost fifteen years old at this point." "Therefore, both agencies were justified in limiting their search to the records in their possession, and were not required to contact . . . individuals associated with the case in order to comply with FOIA."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Adequacy of Search
Updated December 9, 2021