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Thompson v. Sessions, No. 16-3, 2018 WL 4680201 (D.D.C. Sept. 27, 2018) (Moss, J.)


Thompson v. Sessions, No. 16-3, 2018 WL 4680201 (D.D.C. Sept. 27, 2018) (Moss, J.)

Re:  Requests for various records concerning plaintiff

Disposition:  Granting defendant's motion for summary judgment; denying plaintiff's motion for summary judgment

  • Litigation Considerations:  The court rejects plaintiff's pattern or practice claim.  The court finds that "it is undisputed that the Department has now responded to all of the FOIA requests mentioned in [plaintiff's] amended complaint."  "The complaint, moreover, does not allege that [plaintiff] had – or has – any interest in filing FOIA requests unrelated to his discrimination and due process claims."  Also, the court notes that "[i]t is not a case in which the 'mission and work' of the plaintiff involves requesting records from the agency."  The court notes that "[t]he question is whether the request shows that [plaintiff] will suffer a continuing injury without an injunction, and, because it is no longer pending, and because it does not reflect that [plaintiff] will file future requests, it does not."  "The Court must ask itself what, if anything, there is for it to enjoin."  "There is no basis, of course, for the Court to enjoin the Department from violating the rights of non-parties to have the Department process their FOIA claims in a timely manner."  "And there is no evidence that an injunction directing that the Department process [plaintiff's] future FOIA requests in a timely manner would have any meaning in the absence of concrete evidence that he will file any such requests."
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Updated January 31, 2019