Toole v. Obama, No. 1:12CV-363-KS-MTP, 2013 WL 943458 (S.D. Miss. Mar, 11, 2013) (Starrett, J.)

Re: Plaintiff's attempt to bring various claims related to denial of benefits related to her deceased husband's military service Disposition: Dismissing plaintiff's records-related allegations for failure to state a claim
  • Proper Party Defendant: The court dismisses plaintiff's general allegations regarding "Open Public Records Act Law." The court construes this allegation as an allegation that there was a violation of the FOIA since there is no federal "Open Public Records Act Law." As the court notes, "Plaintiff's complaint only names individual Defendants and it is not clear from the face of the Complaint if Plaintiff exhausted administrative remedies prior to filing suit." In a prior order, the court provided the plaintiff with an opportunity to identify the administrative agency that purportedly withheld records. Noting that plaintiff still has not identified an agency that withheld records, the court dismisses plaintiff's claims.
Topic: 
District Court
Proper Party Defendant
Updated August 6, 2014