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Poursaied v. EEOC, No. 14-548, 2015 WL 7112008 (M.D.N.C. Nov. 13, 2015) (Schroeder, J.)

Date

Poursaied v. EEOC, No. 14-548, 2015 WL 7112008 (M.D.N.C. Nov. 13, 2015) (Schroeder, J.)

Re: Plaintiff's contention that EEOC violated FOIA by releasing plaintiff's EEOC file to a third party

Disposition: Granting defendant's motions to dismiss

  • Litigation Considerations, Pleadings:  The court finds that "[plaintiff's] complaint fails to state a claim under FOIA."  "[Plaintiff] does not claim that the EEOC improperly withheld agency records; to the contrary, she readily admits that 'this case is not about improperly withheld Records, IT [sic] IS ABOUT IMPROPERLY DISCLOSED RECORDS BY EEOC.'"  The court explains that "in order to state a claim under FOIA, a plaintiff must allege that an agency '(1) 'improperly'; (2) 'withheld'; (3) 'agency records.''"
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Pleadings
Updated January 10, 2022