United States, ex rel. Smart v. Christus Health, No. 2:05-CV-287, 2013 WL 2289883 (S.D. Tex. May 22, 2013) (Rainey, J.)

Wednesday, May 22, 2013
Re: Plaintiff's motion for in camera review of documents pertaining to his qui tam suit Disposition: Denying plaintiff's motion
  • Litigation Considerations, Jurisdiction and Pleadings:  The court "finds that it is without jurisdiction" to grant plaintiff relief.  The court notes that plaintiff "has not properly initiated a[] FOIA claim by filing a complaint in a civil action."  Additionally, the court notes that "the United States is not the proper defendant, and neither agency about which [plaintiff] complains . . . is a party to this action."  The court also finds that plaintiff "does not allege that [the] withholding of records is improper, nor does he explain why he believes the agencies' explanations are legally invalid."  Accordingly, the court denies plaintiff's motion. 
District Court
Litigation Considerations
Updated August 6, 2014