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Tereshchuk v. BOP, No. 14-5278, 2015 WL 4072055 (D.C. Cir. June 29, 2015) (per curiam)

Date

Tereshchuk v. BOP, No. 14-5278, 2015 WL 4072055 (D.C. Cir. June 29, 2015) (per curiam)

Re: Request for all BOP administrative remedies and responses after 2000

Disposition: Granting defendant's motion for summary affirmance

  • Exemption 6:  The Court of Appeals for the D.C. Circuit holds that "appellee properly excluded the inmate names and register numbers from the indexes it released to appellant, pursuant to 28 C.F.R. § 542.19 (Bureau of Prison's (BOP) regulation) and 5 U.S.C. § 552(b)(6)."
     
  • Procedural Requirements, Responding to FOIA Requests:  The court holds that "[t]he district court appropriately granted summary judgment because . . . the format of the indexes released to appellant was identical to the format in which they are maintained by the agency."
     
  • Procedural Requirements, Proper FOIA Requests:  The court holds that "appellant's records request was properly dismissed because he failed to comply with the BOP regulation, 28 C.F.R. § 542.19, and thus failed to exhaust the requirement that a requester identify 'by Remedy ID number as indicated on an index' the records sought, rather than as appellant did by requesting 'all' administrative remedy responses."
Court Decision Topic(s)
Court of Appeals opinions
Exemption 6
Procedural Requirements, Proper FOIA Requests
Procedural Requirements, Responding to FOIA Requests
Updated January 12, 2022