Seavey v. DOJ, No. 15-1303, 2017 WL 2166132 (D.D.C. May 16, 2017) (Kessler, J.)

Seavey v. DOJ, No. 15-1303, 2017 WL 2166132 (D.D.C. May 16, 2017) (Kessler, J.)

Re:  Request for records concerning FBI's role in anti-war movement in St. Louis in 1960s and 1970s

Disposition:  Denying defendant's motion for partial summary judgment; granting plaintiff's motion for partial summary judgment

• Fees and Fee Waivers, Fee Waivers:  The court grant's plaintiff's motion for partial summary judgment.  The court relates that "[d]efendant has already conceded that disclosure of the requested information is not primarily in the Plaintiff's commercial interest."  "Only the fourth factor, namely 28 C.F.R. § 16.10(k)(2)(iv), is relevant because the FBI's fee waiver denial letter claims that the only consideration is whether Plaintiff met the standard that her request would enhance public understanding of the requested information to a significant extent."  On that point, the court finds that "it is clear to the Court that [plaintiff] certainly meets that requirement."  "She has presented a clear and totally persuasive argument that the materials she seeks will enable her to present to the public the distinct experience of student activists and their interactions with the local law enforcement bodies,[] and, therefore, disclosure of the requested information is in the public interest because it is likely to significantly enhance public understanding of the operations and/or activities of the government."  The court also finds that "[t]he fact that some undisclosed records may contain information that is repetitive to what is already public, does not undermine her entitlement to a fee waiver."