Platsky v. FBI, No. 21-2064, 2022 WL 17751274 (2d Cir. Dec. 19, 2022) (per curiam)

Platsky v. FBI, No. 21-2064, 2022 WL 17751274 (2d Cir. Dec. 19, 2022) (per curiam)

Re:  Request for records concerning whether requester’s name was on FBI watch lists

Disposition:  Affirming district court’s grant of defendant’s motion for summary judgment

• Exemption 7(E):  The Court of Appeals for the Second Circuit relates that “[t]he FBI tethered its Glomar response to FOIA Exemption 7(E) . . . .”  The court finds that “[t]he FBI satisfied its burden through an affidavit . . . [which] explained that watch lists are used for ‘law enforcement purposes’ and that the FBI ‘must use a Glomar response in all similar cases, regardless of whether responsive records actually exist’ in order to prevent individuals from guessing their status and thereby altering their behavior.”  “Because the FBI submitted an affidavit adequately demonstrating that the information [the requester] seeks falls within FOIA Exemption 7(E), [the court affirms] the District Court’s grant of summary judgment in favor of the FBI.”