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Sharp-Stilliard v. DHS ICE, No. 23-02519, 2024 U.S. Dist. LEXIS 192766 (D. Ariz. Oct. 22, 2024) (Bolton, J.)

Date

Sharp-Stilliard v. DHS ICE, No. 23-02519, 2024 U.S. Dist. LEXIS 192766 (D. Ariz. Oct. 22, 2024) (Bolton, J.)

Re:  Request for records concerning investigation of plaintiff

Disposition:  Granting in part and denying in part defendant’s motion for summary judgment

  • Litigation Considerations, Evidentiary Showing, Adequacy of Search:  “The Court finds that ICE’s search was adequate.”  “[Plaintiff] was ‘entitled to a reasonable search for records, not a perfect one.’” “[Defendant’s] declaration is ‘relatively detailed in [its] description of the files searched and the search procedures [performed],’ and demonstrates that ICE’s search was ‘reasonably calculated to uncover all relevant documents.’” “This is sufficient to satisfy the government’s summary judgment burden on this issue.”  “Any misstep by ICE in failing to speak with [a] Special Agent[, who plaintiff alleges did not “confirm that he had transferred all responsive files in his possession,”] was remedied when [plaintiff] deposed him during this litigation.”  “Nor does ICE’s belated production of [plaintiff’s] recorded interview render its search inadequate.”
     
  • Litigation Considerations:  “Because Plaintiff may now challenge whether the redacted records produced by ICE are subject to exemption under FOIA, the Court denies the Motion as to ICE’s request for judgment in its favor.”
Court Decision Topic(s)
District Court opinions
Updated December 4, 2024