Sikes v. Dep't of Navy, No. 316-074, 2019 WL 80447 (S.D. Ga. Jan 2, 2019) (Bowen, J.)

Date: 
Wednesday, January 2, 2019

Sikes v. Dep't of Navy, No. 316-074, 2019 WL 80447 (S.D. Ga. Jan 2, 2019) (Bowen, J.)

Re:  Request for records recovered by NCIS from vehicle driven by Admiral Jeremy Michael Boorda shortly before his suicide

Disposition:  Granting defendant's motion for summary judgment

  • Litigation Considerations, Adequacy of Search:  The court finds that "the Navy has satisfied its initial burden through [its] declaration[.]"  Responding to plaintiff's argument, the court finds that "an agency is not required to submit a declaration from the employee who actually conducted the search."  "'Instead, an agency may rely on an affidavit of an agency employee responsible for supervising the search.'"  Additionally, responding to plaintiff's bad faith argument based on the Navy's conduct in other FOIA cases, the court finds that "the instant case is an independent matter."  "Thus, only the conduct of the Navy in withholding documents in this case informs the analysis of whether the Navy has acted in bad faith."
Topic: 
Adequacy of Search
District Court
Litigation Considerations
Updated March 22, 2019