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Case TitleHIGGS v. UNITED STATES PARK POLICE
DistrictSouthern District of Indiana
CityTerre Haute
Case Number2:2016cv00096
Date Filed2016-03-16
Date Closed2018-06-25
JudgeJudge Jane Magnus-Stinson
PlaintiffDUSTIN JOHN HIGGS
Case DescriptionDustin Higgs is a federal prisoner sentenced to death for a 1998 murder at the Patuxent National Wildlife Refuge in Maryland. Jessica Johnson, an investigator with the Federal Community Defender Office working on Higgs' appeal, submitted a FOIA request to the U.S. Park Police for records about Higgs' criminal conviction. The Park Police told Johnson they would require an advance payment of $11,026 to process her request. Johnson appealed the fee estimate and the Park Police agreed to a fee of $910, which the Federal Community Defender Office paid. The agency then decided to deny the request on the basis of Exemption 7(A) (interference with ongoing investigation or proceeding), Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Higgs' counsel appealed the decision, which was reversed by the Interior Department, which ordered the Park Police to process the request. However, after hearing nothing further concerning the request, Higgs filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUNITED STATES PARK POLICE
AppealSeventh Circuit 18-2826
Documents
Docket
Complaint
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Opinion/Order [73]
FOIA Project Annotation: A federal court in Indiana has ruled that the National Park Service Police have not shown that records of a 22-year-old triple murder are protected by Exemption 7(A) (interference with ongoing investigation or proceeding), Exemption 7(C) (invasion of privacy concerning law enforcement records), or Exemption 7(E) (investigative methods and techniques), but upheld the FBI's claim that some records were protected by Exemption 7(D) (confidential sources). Dustin Higgs, who was sentenced to death for the murders and is currently incarcerated at the federal penitentiary at Terre Haute, requested the records with the help of the Federal Community Defender's Office. The Park Police initially withheld the records entirely under Exemption 7(A), contending that Higgs' post-conviction appeal was still pending. After Higgs told the Park Police that his appeal has ended in 2004 when the Supreme Court denied certiorari, the agency processed his request. The agency located nine boxes of responsive records and disclosed 330 pages to Higgs, telling him it would continue to process the records. The Park Police referred records to the FBI, which withheld 806 pages. The Park Police identified 45 categories of documents in its Vaughn index, but Higgs only challenged 23 categories. Higgs argued that he already knew the identities of the confidential sources. The court found this irrelevant, noting that "Exemption 7(D) affords the government a broad law enforcement exception and [the FBI's affidavit] supports the application of this exception in this case." Turning to Exemption 7(C), the court agreed that "Mr. Higgs' allegations of government misconduct. . .implicate a broader public interest than government negligence or misconduct " his allegations concern the manner in which the Department of Justice carries out substantive law enforcement policy." But the court explained that "despite the passage of over two decades since the crime at issue was committed, [the FBI's affidavit] contains no analysis of whether the individuals whose privacy interests the Park Police now asserts are dead or alive." The court added that "it does not appear that the number of individuals is sufficiently high such that it would be unduly onerous to require the Park Police to demonstrate that those individuals are alive. Without such a demonstration, the Court cannot conduct the necessary balancing test required under Exemption 7(C). The Court therefore concludes that the Park Police has not met its burden under Exemption 7(C) through either the [FBI's affidavit] or the Vaughn Index. Given the prolonged history of this case, the Court will not give the Park Police a further opportunity to support its claim." The court ordered the government to produce unredacted versions of any records that were withheld only on the basis of Exemption 7(C). The court found the FBI had similarly failed to show why records in the NCIC database that were more than 20 years old continued to merit protection under Exemption 7(E). The court recognized that the D.C. Circuit in Mayer Brown v. IRS, 562 F.3d 1190 (D.C. Cir. 2009), had set a low bar for claiming Exemption 7(E) but distinguished the case as applying specifically to tax evasion. The court found the Third Circuit's ruling in Davin v. Dept of Justice, 60 F.3d 1043 (3d Cir. 1995), much more persuasive, noting that "Davin recognizes that the passage of time rendered certain law enforcement techniques well-known or out of date. Indeed, given the significant technological strides that have occurred in law enforcement techniques over the last two decades, the Court is skeptical that an FBI file from the late 1990s contains information that would shape the conduct of murderers operating in 2018." The court observed that ballistics tests were a commonly known technique not covered by Exemption 7(E) and added that "there no indication that the 1986 Amendments to FOIA [which amended Exemption 7(E)] or any subsequent amendments justify withholding ballistics tests." The court also ordered the government to produce unredacted versions of those records withheld under Exemption 7(E).
Issues: Exemption 7(E) - Investigative methods or techniques, Exemption 7(A) - Interference with ongoing investigation
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-03-161COMPLAINT against UNITED STATES PARK POLICE, filed by DUSTIN JOHN HIGGS. (No fee paid with this filing) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Civil Cover Sheet, # 20 Proposed Summons)(Lawry, Matthew) Modified on 3/17/2016 (GSO). (Entered: 03/16/2016)
2016-03-162***STRICKEN per Entry at 9 *** NOTICE of Lawsuit & Request for Waiver of Service for Summons Supplied by DUSTIN JOHN HIGGS. (Lawry, Matthew) Modified on 3/29/2016 (GSO). (Entered: 03/16/2016)
2016-03-163NOTICE of Appearance by Matthew C. Lawry on behalf of Plaintiff DUSTIN JOHN HIGGS. (Lawry, Matthew) (Entered: 03/16/2016)
2016-03-164Corporate Disclosure Statement by DUSTIN JOHN HIGGS. (Lawry, Matthew) (Entered: 03/16/2016)
2016-03-165MOTION for Leave to Proceed in forma pauperis , filed by Plaintiff DUSTIN JOHN HIGGS. (Attachments: # 1 Text of Proposed Order)(Lawry, Matthew) (Entered: 03/16/2016)
2016-03-166MOTION to Waive Filing Fee , filed by Plaintiff DUSTIN JOHN HIGGS. (Attachments: # 1 Text of Proposed Order)(Lawry, Matthew) (Entered: 03/16/2016)
2016-03-177NOTICE of Filing Exhibits by DUSTIN JOHN HIGGS (Attachments: # 1 Exhibit Affidavit of Indigency, # 2 Exhibit Inmate Account Statement) (Lawry, Matthew) (Entered: 03/17/2016)
2016-03-178MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (GSO) (Entered: 03/17/2016)
2016-03-299Entry Concerning Selected Matters - The plaintiff's requests to proceed in forma pauperis [dkt 5 and 6] are granted. The clerk shall issue summons to appropriate officials. The Marshal for this District or his Deputy shall serve the summons with a copy of the 1 complaint at the expense of the United States. The 2 notice and waiver issued by counsel for the plaintiff on March 16, 2016 is stricken. (See Entry.) Signed by Judge Jane Magnus-Stinson on 3/29/2016. Copies distributed pursuant to distribution list. (GSO) (Entered: 03/29/2016)
2016-03-2910Summons Issued as to Defendant UNITED STATES PARK POLICE. (Attachments: # 1 USM 285 Form - United States Attorney General, # 2 USM 285 Form - Office of the United States Attorney, # 3 USM 285 Form - Robert D. Maclean)(GSO) (Entered: 03/29/2016)
2016-03-2911Documents for service by USM - 1 Complaint and 10 Summons. Paper copies to USM. (Attachments: # 1 Exhibits Continued, # 2 Exhibits Continued and Summons) (GSO) (Entered: 03/30/2016)
2016-04-1512RETURN of USM Service by DUSTIN JOHN HIGGS. UNITED STATES PARK POLICE (c/o U.S. Attorney General) served on 4/14/2016. (RSF) (Entered: 04/15/2016)
2016-04-1913RETURN of USM Service, sent on behalf of Plaintiff DUSTIN JOHN HIGGS. Defendant UNITED STATES PARK POLICE (c/o Robert D. Maclean, Chief of Police) served on 4/19/2016. (GSO) (Entered: 04/20/2016)
2016-05-1314NOTICE of Appearance by Jill Z. Julian on behalf of Defendant UNITED STATES PARK POLICE. (Julian, Jill) (Entered: 05/13/2016)
2016-05-1315NOTICE of Initial Extension of Time , filed by Defendant UNITED STATES PARK POLICE (Julian, Jill) (Entered: 05/13/2016)
2016-06-0816Unopposed MOTION to Stay Litigation , filed by Defendant UNITED STATES PARK POLICE. (Attachments: # 1 Exhibit 1-Ltr to Aren Adjoian, # 2 Text of Proposed Order)(Julian, Jill) (Entered: 06/08/2016)
2016-07-2017ENTRY AND NOTICE - The defendant's motion to stay litigation 16 is granted, subject to the following. (See Entry.) Signed by Judge Jane Magnus-Stinson on 7/20/2016. (BRR) (Entered: 07/20/2016)
2016-07-2718NOTICE of Partial Response , filed by Defendant UNITED STATES PARK POLICE, re 17 Order on Motion to Stay. (Julian, Jill) (Entered: 07/27/2016)
2016-08-1619NOTICE of Complete and Final Rolling FOIA Responses , filed by Defendant UNITED STATES PARK POLICE (Julian, Jill) (Entered: 08/16/2016)
2016-08-1820REPORT Plaintiff's Report by DUSTIN JOHN HIGGS. (Lawry, Matthew) (Entered: 08/18/2016)
2016-09-0121Joint MOTION for Extension of Time to October 6, 2016 in which to 17 Order on Motion to Stay and Joint Statement of Issues that Remain , filed by Defendant UNITED STATES PARK POLICE. (Attachments: # 1 Text of Proposed Order)(Julian, Jill) (Entered: 09/01/2016)
2016-09-0222ORDER - granting 21 Motion for Extension of Time. The time in which the parties must file a proposed schedule for the resolution of the remaining issues is enlarged by 30 days, to and including, October 6, 2016. Signed by Judge Jane Magnus-Stinson on 9/2/2016. (BRR) (Entered: 09/02/2016)
2016-10-0323Joint MOTION for Extension of Time to December 15, 2016 in which to 17 Order on Motion to Stay , filed by Defendant UNITED STATES PARK POLICE. (Attachments: # 1 Text of Proposed Order)(Julian, Jill) (Entered: 10/03/2016)
2016-10-0424ORDER - granting 23 Motion for Extension of Time. The parties must file a proposed schedule for the resolution of any remaining issues is enlarged to and including, December 15, 2016. Signed by Judge Jane Magnus-Stinson on 10/4/2016. (RSF) (Entered: 10/04/2016)
2016-12-1525Statement (Joint) of Issues that Remain and Motion for Enlargement of Time to Propose Scheduling Order by UNITED STATES PARK POLICE. (Attachments: # 1 Text of Proposed Order)(Julian, Jill) (Entered: 12/15/2016)
2016-12-1626ORDER - The parties must file a proposed schedule for the resolution of any remaining issues is enlarged to and including, January 30, 2017. Signed by Judge Jane Magnus-Stinson on 12/16/2016.(RSF) (Entered: 12/16/2016)
2017-01-2727Statement (Joint) of Issues and MOTION for Enlargement of Time to Propose Scheduling Order by UNITED STATES PARK POLICE. (Attachments: # 1 Text of Proposed Order)(Julian, Jill) Modified on 1/30/2017 (DW). (Entered: 01/27/2017)
2017-01-3028ORDER granting 27 Motion for Extension of Time. The parties must file a proposed schedule for the resolution of any remaining issues is enlarged to and including, March 3, 2017. Signed by Judge Jane Magnus-Stinson on 1/30/2017. (DW) (Entered: 01/30/2017)
2017-03-0329MOTION to Enter Joint Proposed Scheduling Order , filed by Plaintiff DUSTIN JOHN HIGGS. (Attachments: # 1 Text of Proposed Order)(Lawry, Matthew) (Entered: 03/03/2017)
2017-03-0730SCHEDULING ORDER - granting 29 Joint Motion to Enter a Scheduling Order. Plaintiff will file a memorandum in support of his position within 30 days of this Court's order; Defendant will file a response within 30 days of the filing of Plaintiff's memorandum; and Plaintiff will file a reply within 15 days of the filing of Defendant's response. Signed by Judge Jane Magnus-Stinson on 3/7/2017. (RSF) (Entered: 03/07/2017)
2017-04-0631APPENDIX in Support of Plaintiff's Memorandum of Law by DUSTIN JOHN HIGGS. (Attachments: # 1 Exhibit Exhibit 1 - 6/10/16 Ltr from DEA to Plaintiff, # 2 Exhibit Exhibit 2 - 3/28/16 Ltr from Plaintiff to FBI, # 3 Exhibit Exhibit 3 - 6/29/16 Ltr from FBI to Plaintiff, # 4 Exhibit Exhibit 4 - 7/12/16 Ltr from FBI to Plaintiff, # 5 Exhibit Exhibit 5 - Plaintiff's first FBI administrative appeal, # 6 Exhibit Exhibit 6 - Plaintiff's second FBI administrative appeal, # 7 Exhibit Exhibit 7 - 6/16/16 Ltr from DOI to Plaintiff)(Lawry, Matthew) (Entered: 04/06/2017)
2017-04-0632BRIEF/MEMORANDUM in Support , filed by Plaintiff DUSTIN JOHN HIGGS. (Lawry, Matthew) (Entered: 04/06/2017)
2017-05-0433MOTION for Extension of Time to June 7, 2017 in which to 32 Brief/Memorandum in Support , filed by Defendant UNITED STATES PARK POLICE. (Attachments: # 1 Text of Proposed Order)(Julian, Jill) (Entered: 05/04/2017)
2017-05-0534ORDER - granting 33 Motion for Extension of Time. The U.S. Park Police must file a response to the Plaintiff's Memorandum of Law, Dkt. 32 , is enlarged to and including, June 7, 2017. Signed by Judge Jane Magnus-Stinson on 5/5/2017. (RSF) (Entered: 05/05/2017)
2017-06-0735MOTION for Summary Judgment , filed by Defendant UNITED STATES PARK POLICE. (Julian, Jill) (Entered: 06/07/2017)
2017-06-0736EXHIBIT in Support of Def's MSJ by UNITED STATES PARK POLICE. (Attachments: # 1 Exhibit 1-Declaration of Janeen Taylor, # 2 Att1-FirstReleaseofRecs051216, # 3 Att2-SecReleaseofRercs052016, # 4 Att3-ThirdReleaseofRecs061016, # 5 Att4-FourthReleaseofRecs063016, # 6 Att5-FifthReleaseofrecs071416, # 7 Att6-SixthReleaseofRecs072116, # 8 Att7-SeventhReleaseofRecs072716, # 9 Att8-EighthReleaseofRecs080416, # 10 Att9-NinthReleaseofRecs121516, # 11 Att10-TenthReleaseofRecs060217, # 12 Exhibit 2-Declaration of David Hardy, # 13 Exhibit A-FBIFOIAReq032816, # 14 Exhibit B-FBIAckReq1347918-000Apr122016, # 15 Exhibit C-FBILtrtoAdjoianReq134919-00Apr122016, # 16 Exhibit D-FBIRespReq134918-000Jul122016, # 17 Exhibit E-AppealfromFBIRespAug262016, # 18 Exhibit F-FBIAckofAppealSep092016, # 19 Exhibit G-FBIFOIAReq032816, # 20 Exhibit H-FBIAckReq1347920-000Apr122016, # 21 Exhibit I-FBILtrtoAdjoianReq1347920-00Apr122016, # 22 Exhibit J-FBIRespReq1347920-00Jun292016, # 23 Exhibit K-AppealfromFBIResp1347920Aug262016)(Julian, Jill) (Entered: 06/07/2017)
2017-06-0737NOTICE Exhibit L-FBIAckofAppeal090716 (Exhibits in Suppof of MSJ-Doc.36) , filed by Defendant UNITED STATES PARK POLICE (Julian, Jill) (Entered: 06/07/2017)
2017-06-0738BRIEF/MEMORANDUM in Support re 35 MOTION for Summary Judgment , filed by Defendant UNITED STATES PARK POLICE. (Julian, Jill) (Entered: 06/07/2017)
2017-06-1539Unopposed MOTION for Extension of Time to August 21, 2017 to File a Consolidated Reply In Support of His Memorandum of Law and Response to Defendant's Motion for Summary Judgment , filed by Plaintiff DUSTIN JOHN HIGGS. (Attachments: # 1 Text of Proposed Order)(Lawry, Matthew) (Entered: 06/15/2017)
2017-06-1640ORDER granting 39 Motion for Extension of Time. Plaintiff will file a consolidated reply in support of his position and response to the Defendant's motion for summary judgment no later than August 21, 2017. Signed by Judge Jane Magnus-Stinson on 6/16/2017. (DW) (Entered: 06/16/2017)
2017-08-1841Unopposed MOTION for Extension of Time to September 20, 2017 to File His Consolidated Reply in Support of His Memorandum of Law and Response to Defendant's Motion for Summary Judgment , filed by Plaintiff DUSTIN JOHN HIGGS. (Attachments: # 1 Text of Proposed Order)(Lawry, Matthew) (Entered: 08/18/2017)
2017-08-2242ORDER granting 41 Motion for Extension of Time. Plaintiff will file a consolidated reply in support of his position and response to the Defendant's motion for summary judgment no later than September 20, 2017. Signed by Judge Jane Magnus-Stinson on 8/22/2017. (DW) (Entered: 08/22/2017)
2017-08-3043NOTICE of Filing of FBI Declaration by UNITED STATES PARK POLICE (Attachments: # 1 Hardy declaration) (Julian, Jill) (Entered: 08/30/2017)
2017-09-1144Unopposed MOTION for Extension of Time to November 6, 2017 to File Consolidated Motion for Summary Judgment, Reply in Support of His Memorandum of Law and Response to Defendant's Motion for Summary Judgment , filed by Plaintiff DUSTIN JOHN HIGGS. (Attachments: # 1 Text of Proposed Order)(Lawry, Matthew) (Entered: 09/11/2017)
2017-09-1245ORDER granting 44 Motion for Extension of Time. Plaintiff will file a consolidated motion for summary judgment, reply in support of his position and response to the Defendant's motion for summary judgment no later than November 6, 2017. Defendant will file a combined reply in support of its motion for summary judgment and response to Plaintiff's motion within 30 days after service of Plaintiff's filing. Plaintiff will file a reply in support of his motion for summary judgment within 15 days after service of Defendant's filing. Signed by Judge Jane Magnus-Stinson on 9/12/2017. (DW) (Entered: 09/12/2017)
2017-10-3046Unopposed MOTION for Extension of Time to December 6, 2017 to File Consolidated Motion for Summary Judgment, Reply in Support of Memorandum of Law and Response to Defendant's Motion for Summary Judgment , filed by Plaintiff DUSTIN JOHN HIGGS. (Attachments: # 1 Text of Proposed Order)(Lawry, Matthew) (Entered: 10/30/2017)
2017-11-0247ORDER granting 46 Motion for Extension of Time. Plaintiff will file a consolidated motion for summary judgment, reply in support of his position and response to the Defendant's motion for summary judgment no later than December 6, 2017. Defendant will file a combined reply in support of its motion for summary judgment and response to Plaintiff's motion within 30 days after service of Plaintiff's filing. Plaintiff will file a reply in support of his motion for summary judgment within 15 days after service of Defendant's filing. Signed by Judge Jane Magnus-Stinson on 11/2/2017. (DW) Modified on 11/2/2017 (DW). (Entered: 11/02/2017)
2017-11-2948Unopposed MOTION for Extension of Time to December 13, 2017 to file his consolidated motion for summary judgment, reply in support of his memorandum of law and response to Defendant's motion for summary judgment , filed by Plaintiff DUSTIN JOHN HIGGS. (Attachments: # 1 Text of Proposed Order)(Lawry, Matthew) (Entered: 11/29/2017)
2017-12-0449ORDER - granting 48 Motion for Extension of Time. Plaintiff will file a consolidated motion for summary judgment, reply in support of his position and response to the Defendant's motion for summary judgment no later than December 13, 2017. Defendant will file a combined reply in support of its motion for summary judgment and response to Plaintiff's motion within 30 days after service of Plaintiff's filing. Plaintiff will file a reply in support of his motion for summary judgment within 15 days after service of Defendant's filing.. Signed by Judge Jane Magnus-Stinson on 12/4/2017. (RSF) (Entered: 12/04/2017)
2017-12-1350Appendix of Exhibits in Support of Motion re 35 MOTION for Summary Judgment Plaintiff's Cross-Motion for Summary Judgment , filed by Plaintiff DUSTIN JOHN HIGGS. (Attachments: # 1 Exhibit 1 - Letter from David Hardy, # 2 Exhibit 2 - Letter from Christina Troiani, # 3 Exhibit 3_Part 1- 47 page excerpt of documents produced by Defendant, # 4 Exhibit 3_Part 2 - 47 page excerpt (continued), # 5 Exhibit 3_Part 3 - 47 page excerpt (continued), # 6 Exhibit 3_Part 4 - 47 page excerpt (continued), # 7 Exhibit 3_Part 5 - 47 page excerpt (continued), # 8 Exhibit 3_Part 6 - 47 page excerpt (continued), # 9 Exhibit 4 - 26 page set of handwritten notes produced by Defendant, # 10 Exhibit 5 - October 5, 2000 excerpt of testimony)(Lawry, Matthew) (Entered: 12/13/2017)
2017-12-1351MOTION for Summary Judgment Cross-Motion for Summary Judgment , filed by Plaintiff DUSTIN JOHN HIGGS. (Lawry, Matthew) (Entered: 12/13/2017)
2017-12-1352BRIEF/MEMORANDUM in Support re 51 MOTION for Summary Judgment Cross-Motion for Summary Judgment , 35 MOTION for Summary Judgment Plaintiff's Consolidated Reply in Support of Plaintiff's Position, Response to Defendant's Motion for Summary Judgment, and Brief in Support of Cross-Motion for Summary Judgment , filed by Plaintiff DUSTIN JOHN HIGGS. (Lawry, Matthew) (Entered: 12/13/2017)
2018-01-1153MOTION for Extension of Time to February 12, 2018 , filed by Defendant UNITED STATES PARK POLICE. (Attachments: # 1 Text of Proposed Order)(Julian, Jill) (Entered: 01/11/2018)
2018-01-1654ORDER - The Court, having considered the motion and being duly advised in the premises, now finds that this motion 53 should be, and hereby is, GRANTED in part. The U.S. Park Police must file a response to the Plaintiff's Brief, dkt 52 , is enlarged to and including, January 26, 2018. Signed by Judge Jane Magnus-Stinson on 1/16/2018. (DW) (Entered: 01/16/2018)
2018-01-2655BRIEF/MEMORANDUM in Support re 35 MOTION for Summary Judgment and Response to Plaintiff's Cross Motion , filed by Defendant UNITED STATES PARK POLICE. (Julian, Jill) (Entered: 01/26/2018)
2018-02-0756MOTION for Extension of Time to File Reply to February 19, 2018 re 51 MOTION for Summary Judgment Cross-Motion for Summary Judgment , filed by Plaintiff DUSTIN JOHN HIGGS. (Attachments: # 1 Text of Proposed Order)(Lawry, Matthew) (Entered: 02/07/2018)
2018-02-0857ORDER granting 56 Motion for Extension of Time to File Reply to 2/20/2018 re 51 MOTION for Summary Judgment Cross-Motion for Summary Judgment .. Signed by Judge Jane Magnus-Stinson on 2/8/2018. (DW) (Entered: 02/08/2018)
2018-02-2058REPLY in Support of Motion re 51 MOTION for Summary Judgment Cross-Motion for Summary Judgment , filed by Plaintiff DUSTIN JOHN HIGGS. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Part 1, # 3 Exhibit B - Part 2, # 4 Exhibit C)(Lawry, Matthew) (Entered: 02/20/2018)
2018-02-2759ORDER - The Court believes a hearing in this matter is necessary. The Court sets a telephonic hearing on the Cross-Motions for Summary Judgment for 3/6/2018 at 10:00 AM before Judge Jane Magnus-Stinson. (See Order.) Signed by Judge Jane Magnus-Stinson on 2/27/2018.(RSF) (Entered: 02/27/2018)
2018-03-0660MINUTE ORDER for proceedings held before Judge Jane Magnus-Stinson: Telephone Conference held on 3/6/2018 in this matter. Defendant United States Park Police (the "Park Police") appeared by counsel, Jill Julian. Plaintiff Dustin Higgs appeared by counsel, Matthew Lawry. Accordingly, the Court ruled that the Park Police shall file a complete Vaughn index with this Court. The Park Police shall do so no later than Monday, March 12, 2018. Thereafter, should the parties require supplemental briefing, the parties shall have until Wednesday, March 14, 2018 in which to file a jointly proposed briefing schedule for the Court's consideration. (SEE ORDER FOR MORE DETAILS.) Signed by Judge Jane Magnus-Stinson. (Court Reporter Jean Knepley.)(MRI) (Entered: 03/06/2018)
2018-03-0761NOTICE of Filing by UNITED STATES PARK POLICE (Attachments: # 1 Vaughn Index) (Julian, Jill) (Entered: 03/07/2018)
2018-03-1462MOTION TO ENTER BRIEFING ORDER , filed by Defendant UNITED STATES PARK POLICE. (Attachments: # 1 Text of Proposed Order)(Julian, Jill) (Entered: 03/14/2018)
2018-03-1663ORDER - The Motion to Enter Briefing Order 62 is GRANTED. Mr. Higgs shall file any supplemental brief regarding the Vaughn Index within 14 days of the date of this Order. The Park Police shall have 14 days after filing of the Mr. Higgs' brief to file a response. Mr. Higgs may file his reply within 7 days after the filing of the Park Police's response. The pending Motions for Summary Judgment 35 51 are DENIED AS MOOT (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 3/16/2018. (DW) (Entered: 03/16/2018)
2018-03-3064MOTION for Summary Judgment , filed by Plaintiff DUSTIN JOHN HIGGS. (Lawry, Matthew) (Entered: 03/30/2018)
2018-03-3065BRIEF/MEMORANDUM in Support re 64 MOTION for Summary Judgment Supplemental Brief in Support of Motion for Summary Judgement , filed by Plaintiff DUSTIN JOHN HIGGS. (Lawry, Matthew) (Entered: 03/30/2018)
2018-04-1366RESPONSE in Opposition re 64 MOTION for Summary Judgment , filed by Defendant UNITED STATES PARK POLICE. (Julian, Jill) (Entered: 04/13/2018)
2018-04-1367MOTION for Extension of Time to File Reply to April 27, 2018 re 64 MOTION for Summary Judgment , filed by Plaintiff DUSTIN JOHN HIGGS. (Attachments: # 1 Text of Proposed Order)(Lawry, Matthew) (Entered: 04/13/2018)
2018-04-1668ORDER granting 67 Motion for Extension of Time to File Reply to 4/27/2018 re 64 MOTION for Summary Judgment . Signed by Judge Jane Magnus-Stinson on 4/16/2018. (DW) (Entered: 04/16/2018)
2018-04-2469MOTION to Substitute Attorney , filed by Defendant UNITED STATES PARK POLICE. (Attachments: # 1 Text of Proposed Order)(Shields, Gina) (Entered: 04/24/2018)
2018-04-2670ORDER granting 69 Motion to Substitute Attorney. Attorney Jill Z. Julian withdrawn.. Signed by Magistrate Judge Mark J. Dinsmore on 4/26/2018. (JRB) (Entered: 04/26/2018)
2018-04-2771REPLY in Support of Motion re 64 MOTION for Summary Judgment , filed by Plaintiff DUSTIN JOHN HIGGS. (Lawry, Matthew) (Entered: 04/27/2018)
2018-05-2972PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (MRI) (Entered: 05/29/2018)
2018-06-2573ORDER - For the reasons explained herein, Mr. Higgs' Motion for Summary Judgment 64 is GRANTED in part and DENIED in part, and the Park Police's Motion for Summary Judgment 71 is GRANTED in part and DENIED in part as follows: Mr. Higgs' Motion is DENIED and Park Police's Motion is GRANTED with regard to the exemptions claimed under FOIA's confidential source exemption at 5 U.S.C. § 552(b)(7)(D); Mr. Higgs' Motion is GRANTED and the Park Police's Motion is DENIED with regard to the exemptions claimed under FOIA's unwarranted invasion of personal privacy exemption at 5 U.S.C. § 552(b) (7)(C), and the Park Police is ORDERED to produce unredacted versions of all documents it previously withheld under Exemption 7(C) on or before Friday, July 13, 2018; Mr. Higgs' Motion is GRANTED and the Park Police's Motion is DENIED with regard to the exemptions claimed under FOIA's law enforcement techniques and procedures exemption at 5 U.S.C. § 552(b)(7)(E) related to the NCIC Reports, and the Park Police is ORDERED to produce unredacted versions of all portions of NCIC Reports it previously withheld under Exemption 7(E) on or before Friday, July 13, 2018; Mr. Higgs' Motion is GRANTED and the Park Police's Motion is DENIED with regard to the exemptions claimed under FOIA's law enforcement techniques and procedures exemption at 5 U.S.C. § 552(b)(7)(E) related to the Ballistics Reports, and the Park Police is ORDERED to produce unredacted versions of all portions of the Ballistics Reports it previously withheld under Exemption 7(E) on or before Friday, July 13, 2018 (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge Jane Magnus-Stinson on 6/25/2018. (DWH) (Entered: 06/25/2018)
2018-06-2574CLOSED JUDGMENT - For the reasons set forth in the Court's separately issued opinion, the Court enters FINAL JUDGMENT in Defendant's favor and against Plaintiff with respect to 5 U.S.C. § 552(b)(7)(D), and in Plaintiff's favor and against Defendant with respect to 5 U.S.C. § 552(b)(7)(C) and 5 U.S.C. §552(b)(7)(E). Signed by Judge Jane Magnus-Stinson on 6/25/2018.(DWH) (Entered: 06/25/2018)
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