Saturday, March 28, 2015
Sanchez-Alaniz v. BOP, No. 13-1812, 2015 WL 1417664 (D.D.C. Mar. 28, 2015) (Sullivan, J.)
Re: Request for certain report by Special Investigative Service concerning plaintiff
Disposition: Denying defendant's motion to dismiss
- Litigation Considerations, Adequacy of Search: The court holds that "BOP has not demonstrated that its search for records responsive to [the] FOIA Request . . . was reasonable." The court explains that "[m]issing from the declaration is any description of the search itself." "The declarant neither identifies which files were searched, nor explains why particular files were searched, nor describes how the files were searched." "The declaration is vague and conclusory, and it does not explain adequately the scope and method of the BOP's search."
- Exemption 7(F): The court holds that "BOP has not demonstrated . . . that its reliance on Exemption 7(F) is proper." The court finds that defendant's description "that '[a] reasonable likelihood that there was a threat of harm to BOP SIS employees and inmates could be inferred from the facts and circumstances evident in the document[ ] in question' . . . is vague and conclusory." "Based on the BOP's declaration and review of the redacted Inmate Investigation Report, there is no apparent connection between disclosure and possible harm to SIS employees or to inmates."
Adequacy of Search
Updated June 18, 2015