Friday, April 3, 2015
Reaves v. Jewell, No. 14-2245, 2015 WL 1531277 (D. Md. Apr. 3, 2015) (Chasanow, J.)
Re: Request for documents concerning administrative complaint
Disposition: Granting defendant's motion to dismiss
- Litigation Considerations, Pleadings: The court holds that "[p]laintiff's amended complaint does not identify with any specificity the basis for his FOIA claim against the Department of the Interior, and it will be dismissed." The court explains that "[p]laintiff does not explain which specific redactions he believes are improper or include any supporting facts."
- Attorney Fees: "[T]he court declines to award costs in this instance." The court finds that "there is no clear showing that the lawsuit had a substantial causative effect on Defendant's final delivery of responsive documents." The court notes that "[d]efendant contends that it was assembling the documents when Plaintiff filed suit and the documents would have been produced in any event." Additionally, "[e]ven if Plaintiff could be said to have 'substantially prevailed' by prompting the release of responsive documents to his FOIA request, the court will exercise its discretion and decline to award any litigation costs." "It is not at all clear that there was any public benefit from this FOIA lawsuit."
Updated June 18, 2015