Monday, March 2, 2015
Rogers v. IRS, No. 13-797, 2015 WL 881514 (S.D. Ohio Mar. 2, 2015) (Graham, J.)
Re: Request for records concerning plaintiff
Disposition: Granting defendant's motion for summary judgment
- Litigation Considerations: The court holds that "the parties entered into a settlement agreement which contained a release broad enough to bar the instant action." The court explains that "[t]he release language is broad." "It covers all claims, rights and demands 'of every kind' related to the forfeiture actions and discharges the United States from all duties of every kind relating to the actions." "In this suit, plaintiff asserts a claim or right under FOIA." "His FOIA requests relate directly to the investigation that formed the basis of the forfeiture actions . . . , to the allegations made in the forfeiture actions . . . , and to the settlement of those actions." "Thus, on its face this FOIA suit fits within the release provision." Additionally, the court finds that "[p]laintiff has not met the heavy burden for applying estoppel against the IRS." "Plaintiff faults the IRS for processing his FOIA request, arguing that by doing so the IRS took a position inconsistent with the claimed right of release." "But the IRS denied his request in its entirety and affirmed the denial on administrative appeal—it did not mislead plaintiff into believing that it would produce the requested documents."
Updated June 18, 2015