Pichardo-Martinez v. USMS, No. 18-2674, 2019 WL 2905054 (D.D.C. July 3, 2019) (McFadden, J.)
Date
Pichardo-Martinez v. USMS, No. 18-2674, 2019 WL 2905054 (D.D.C. July 3, 2019) (McFadden, J.)
Re: Request for plaintiff's medical records as well as copies of each contracts of facilities that house federal inmates
Disposition: Denying defendant's motion for summary judgment
- Litigation Considerations, Summary Judgment: "Based on the Court's review of [defendant's] motion and supporting declaration, the Service neither demonstrates that its search was reasonable nor justifies the withholding of information under Exemptions 7(C) and 7(E)." Specifically concerning the search, the court explains that "all that is known of the Service's search for records . . . is that staff at its Eastern District of Pennsylvania Office conducted it." "At a minimum, the agency must 'specify "what records were searched, by whom, and through what process . . . ."'" The court relates that this "[plaintiff] has . . . filed two documents, but neither addresses the legal arguments set forth in the Service's summary judgment motion." "Even so, the Court cannot grant summary judgment unless 'the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.'"
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Summary Judgment
Updated December 17, 2021