Rosenberg v. DOD, No. 13-1554, 2014 WL 4467272 (D.D.C. Sept. 11, 2014) (Howell, J.)

Date: 
Thursday, September 11, 2014

Rosenberg v. DOD, No. 13-1554, 2014 WL 4467272 (D.D.C. Sept. 11, 2014) (Howell, J.)

Re: Request for records concerning cost of building and maintaining "'the ‘Camp 7'" detention facility at Guantánamo [Bay, Cuba]'" and information about '"the firm(s) responsible for its construction.'"

Disposition: Granting defendant's motion for summary judgment

  • Litigation Considerations, Adequacy of Search:  "[T]he Court is satisfied, based on the submissions by the defendant, that an adequate search for responsive records was conducted, despite the fact that the search yielded few documents."  The court explains that "[t]he publicly filed declaration explains the defendant's search for records responsive to the plaintiff's request in sufficient detail to satisfy the FOIA's requirements."  "The defendant's declarant avers that the plaintiff's request was directed to the . . . 'office [which] was most likely to have responsive material.'"  Additionally, the court finds that "the defendant's declarant identifies the agency component tasked with searching for the responsive material; the parameters of the search, . . . and that, based on the declarants [sic] extensive experience with detainee issues, [defendant] was able to determine that the agency component 'performed an adequate search that was reasonably likely to uncover all non-duplicative responsive records.'"
     
  • Exemption 1:  The court holds that "[a]fter review of the ex parte declaration, the Court is satisfied that the defendant has demonstrated that (1) the document is properly classified; (2) the record 'logically [and plausibly] falls within' Exemption 1; and (3) there is no contrary evidence in the record or evidence of bad faith on the part of the defendant."  "The Court is also satisfied that the defendant has demonstrated there are no reasonably segregable portions of the record that can be released."  The court additionally finds that "[t]he plaintiff's arguments to the contrary are unavailing in the face of the defendant's submissions."
     
Topic: 
Adequacy of Search
District Court
Exemption 1
Litigation Considerations
Updated January 29, 2015