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Ward v. Cox, No. 21-079, 2021 WL 3710694 (N.D. Tex. Aug. 19, 2021) (Pittman, J.)

Date

Ward v. Cox, No. 21-079, 2021 WL 3710694 (N.D. Tex. Aug. 19, 2021) (Pittman, J.)

Re:  Request for records concerning plaintiff

Disposition:  Dismissing in part plaintiff's claims; dismissing without prejudice in part plaintiff's claims; substituting certain defendants

  • Procedural Requirements, Entities Subject to the FOIA:  The court holds that "[plaintiff] fails to state a claim against the United States Probation Department or any of its officers."  The court explains that "[c]ourts of the United States . . . are expressly excluded from the definition of 'agency' for purposes of FOIA and Privacy Act disclosure requirements."
     
  • Litigation Considerations, Pleadings:  The court holds that "[plaintiff's] individually named defendants . . . are not federal agencies; rather they are individuals who work for components of the Department of Justice, which is a federal agency and the proper Defendant in this case."  "DOJ will be substituted in lieu of the remaining named Defendants."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Pleadings
Procedural Requirements, Entities Subject to the FOIA
Updated September 8, 2021