Thursday, September 22, 2016
Scholl v. Various Agencies of the Fed. Gov't, No. 14-1003, 2016 WL 5313202 (D.D.C. Sept. 22, 2016) (Collyer, J.)
Re: Request for records concerning plaintiff
Disposition: Granting defendants' motions for summary judgment
- Procedural Requirements, FOIA Requesters: The court finds that "[t]he record establishes that as a condition of two plea agreements, [plaintiff] waived his right to obtain the requested records under FOIA and the Privacy Act." "Consequently, the Court will grant summary judgment to all Defendants." The court explains that "[plaintiff] knowingly waived his 'rights conferred by the Freedom of Information Act and the Privacy Act of 1974' as to all 'records, reports, or documents pertaining to the investigation or prosecution' of his criminal cases." "It is clear from the otherwise convoluted allegations in the Complaint that any records responsive to the requests at issue pertain to [plaintiff's] convictions."
- Litigation Considerations, Exhaustion of Administrative Remedies: "The Court . . . grants the Agency Defendants' motion to dismiss the claims against the Marshals Service, the IRS, Treasury, and OGIS." The court explains that "[plaintiff] has not alleged improper withholdings by those defendants, and he admits in his Complaint that he chose not to pursue his administrative remedies[.]"
Updated January 19, 2017