Sherven v. CIA, No. 23-466, 2023 WL 8649897 (W.D. Wis. Dec. 14, 2023) (Peterson, J.)

Sherven v. CIA, No. 23-466, 2023 WL 8649897 (W.D. Wis. Dec. 14, 2023) (Peterson, J.)

Re:  Request for “copies of all documents, video and audio recordings, emails and text messages involved in every CIA operation to cover up their illegal activities and hide them from the general public”

Disposition:  Dismissing plaintiff’s complaint with prejudice

• Procedural Requirements, Proper FOIA Requests & Litigation Considerations, Pleadings:  The court finds that “[plaintiff] doesn’t state a claim under FOIA because it is clear from his own allegations that his request did not ‘reasonably describe’ the records he sought.”  “His request was both vague and broad, asking CIA employees to make their own determination regarding what conduct was ‘illegal’ and what qualifies as a ‘cover up,’ without any limitation on time or place.”  “It would be virtually impossible to comply with [plaintiff’s] request.” 
  
  “When a court dismisses a complaint, the general rule is to allow a plaintiff to file an amended complaint to fix the problem.”  “But a court may deny leave to replead when it is clear that an amended complaint would not cure the defect.”  “In this case, giving [plaintiff] leave to replead would be pointless.”  “[Plaintiff] attached his FOIA request to his complaint, . . . so there is no ambiguity regarding what his request said.”  “[Plaintiff] cannot fix the problems with his FOIA request by filing an amended complaint.”  “He will have to start over with a narrower, more specific FOIA request to the CIA, and he cannot sue the CIA about a request that he hasn’t yet filed.”