(DOWNLOAD) "Johnson V. Executive Office For United States Attorneys" by District of Columbia Circuit U.S. Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Johnson V. Executive Office For United States Attorneys
- Author : District of Columbia Circuit U.S. Court of Appeals
- Release Date : January 22, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. s 552 (2000), Neil Johnson seeks to compel the release of documents pertaining to his criminal conviction withheld by the Executive Office for United States Attorneys (EOUSA). EOUSA withheld, in whole or in part, a number of records under exemption 7(C), which permits the agency to do so to protect the privacy interests of other parties named in the record. s 552 (b)(7)(C). Johnson argues that EOUSA is required to take steps to determine whether these parties are alive or dead in order to claim this exemption properly, and to provide a more complete explanation for the non-segregability of documents withheld in full. The district court granted the government's motion for summary judgment on the merits, upholding the agency's invocation of the FOIA exemptions. Because we find that the agency took sufficient steps to investigate information affecting the privacy interests of the individuals, and because the agency's affidavits and the district court's finding on the issue of segregability satisfy the requirements of 552(b), we affirm the district court's grant of summary judgment. Johnson also seeks reinstatement of his claim for constitutional damages against EOUSA attorney Bonnie Gay, which the district court dismissed for failure to state a claim. Because the district court properly concluded that FOIA precludes courts from fashioning a damage remedy under Bivens, we affirm.
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