Case Detail

FOIA Project Annotation: Judge Beryl Howell has ruled that Ameer Flippin failed to exhaust his administrative remedies when he sued the National Park Police and the U.S. Capitol Police for records about individual police officers who were involved in his arrest. The National Park Police responded to Flippin's request by providing records with redactions under Exemption 2 (internal practices and procedures), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). Further, the agency's response provided information about how Flippin could file an administrative appeal. Flippin did not appeal the Park Police's response but filed suit instead against the Park Police and the U.S. Capitol Police. Howell agreed with the Capitol Police that, as part of Congress, they were not subject to FOIA. Howell noted that the Park Police had responded to Flippin's request before he pursued any judicial action. She pointed out that "before the plaintiff moved to reopen this action, [the agency] had in fact responded to his FOIA request, explaining (1) why certain information was withheld and (2) the plaintiff's right to pursue an administrative appeal. [The agency] has not 'abandoned' during the course of this litigation, and thus the plaintiff must exhaust his administrative remedies before obtaining judicial review."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2019-04-25		Initiating Pleading & IFP Application Received on 4/25/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zrdj) (Entered: 04/30/2019)
2019-04-25	1	COMPLAINT against U.S. CAPITOL POLICE DEPARTMENT, U.S. DEPARTMENT OF INTERIOR, U.S. PARK POLICE DEPARTMENT filed by AMEER FLIPPIN. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 04/30/2019)
2019-04-25	2	MOTION for Leave to Proceed in forma pauperis by AMEER FLIPPIN (zrdj) (Entered: 04/30/2019)
2019-04-25	3	NOTICE OF RELATED CASE by AMEER FLIPPIN. Case related to Case No. 19mc19. (zrdj) (Entered: 04/30/2019)
2019-05-08	4	MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 5/7/2019. (zrdj) (Entered: 05/09/2019)
2019-05-08	5	ORDER DISMISSING PRO SE CASE WITHOUT PREJUDICE. Ordered that the 2 application of the plaintiff to proceed in forma pauperis is granted. This is a final appealable Order. Pro Se party has been notified by first class mail. Signed by Judge Colleen Kollar-Kotelly on 5/7/2019. (zrdj) (Entered: 05/09/2019)
2019-05-31	6	NOTICE by AMEER FLIPPIN (zrdj) (Entered: 06/03/2019)
2019-05-31	7	MOTION to Stay MOTION for Reconsideration, MOTION Rehearing re 5 ORDER DISMISSING PRO SE CASE WITHOUT PREJUDICE by AMEER FLIPPIN (zrdj) (Entered: 06/03/2019)
2019-06-12	8	MEMORANDUM re 7 MOTION to Stay re 5 Order Dismissing Pro Se Case, MOTION for Reconsideration re 5 Order Dismissing Pro Se Case, MOTION Rehearing filed by AMEER FLIPPIN by AMEER FLIPPIN. (zrdj) (Entered: 06/13/2019)
2019-06-12	9	ORDER denying 7 Motion to Stay; granting 7 Motion for Reconsideration; granting 7 Motion Rehearing. Signed by Judge James E. Boasberg on 6/11/2019. (zrdj) (Entered: 06/13/2019)
2019-06-13		Case Reassigned to Chief Judge Beryl A. Howell. Unassigned is no longer assigned to the case. (zrdj) (Entered: 06/13/2019)
2019-06-13	10	SUMMONS (5) Issued as to U.S. CAPITOL POLICE DEPARTMENT, U.S. DEPARTMENT OF INTERIOR, U.S. PARK POLICE DEPARTMENT, U.S. Attorney and U.S. Attorney General (zrdj) (Entered: 06/13/2019)
2019-07-15	11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/2/2019. (zrdj) (Entered: 07/16/2019)
2019-07-19	12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/17/2019. Answer due for ALL FEDERAL DEFENDANTS by 8/16/2019. (zrdj) (Entered: 07/23/2019)
2019-08-13	13	NOTICE of Appearance by Darrell C. Valdez on behalf of U.S. CAPITOL POLICE DEPARTMENT, U.S. DEPARTMENT OF INTERIOR, U.S. PARK POLICE DEPARTMENT (Valdez, Darrell) (Entered: 08/13/2019)
2019-08-13	14	MOTION to Dismiss by U.S. CAPITOL POLICE DEPARTMENT (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 08/13/2019)
2019-08-13	15	CERTIFICATE OF SERVICE by U.S. CAPITOL POLICE DEPARTMENT re 14 MOTION to Dismiss , 13 Notice of Appearance . (Valdez, Darrell) (Entered: 08/13/2019)
2019-08-16	16	MOTION to Dismiss , or in the Alternative, for Summary Judgment by U.S. DEPARTMENT OF INTERIOR, U.S. PARK POLICE DEPARTMENT (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Exhibit A, # 4 Text of Proposed Order)(Valdez, Darrell) (Entered: 08/16/2019)
2019-08-16	17	MOTION for Summary Judgment (See ECF No. 16) by U.S. DEPARTMENT OF INTERIOR, U.S. PARK POLICE DEPARTMENT (Valdez, Darrell) (Entered: 08/16/2019)
2019-08-21	19	NOTICE of CONSENT TO ELECTRONIC SERVICE OF PROCESS by AMEER FLIPPIN (zrdj) Modified event title on 8/26/2019 (znmw). (Entered: 08/23/2019)
2019-08-21	20	STIPULATION TO THE APPEARANCE OF COUNSEL US ATTORNEY DARELL VALDEZ REPRESENTION FOR U.S. CAPITOL POLICE DEPARTMENT by AMEER FLIPPIN (zrdj) (Entered: 08/23/2019)
2019-08-22	18	MOTION to Quash Plaintiff's Request for Admission by U.S. CAPITOL POLICE DEPARTMENT, U.S. DEPARTMENT OF INTERIOR, U.S. PARK POLICE DEPARTMENT (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 08/22/2019)
2019-08-22	21	MOTION for Hearing re 14 MOTION to Dismiss , 16 MOTION to Dismiss , or in the Alternative, for Summary Judgment , 17 MOTION for Summary Judgment (See ECF No. 16) by AMEER FLIPPIN (zrdj) (Entered: 08/23/2019)
2019-08-22	22	MOTION to Strike 14 MOTION to Dismiss , 13 Notice of Appearance, 17 MOTION for Summary Judgment (See ECF No. 16) by AMEER FLIPPIN (zrdj) (Entered: 08/23/2019)
2019-08-23	23	Order advising the plaintiff to respond by September 26, 2019, to the Capitol Police Department's motion to dismiss, and by October 10, 2019, to the Department of Interior and Park Police's dispositive motion, or risk dismissal of the case based largely on the defendants' assertions in the respective motion (see document for details). Signed by Chief Judge Beryl A. Howell on 8/23/19.(ah) (Entered: 08/23/2019)
2019-08-23		Set/Reset Deadlines: Plaintiff's response to the Capitol Police Department's motion due by 9/26/2019; Plaintiff's response to the Department of Interior and Park Police's dispositive motion due by 10/10/2019. (hmc) (Entered: 08/23/2019)
2019-08-23		MINUTE ORDER denying without prejudice 21 the Plaintiff's Motion for a Hearing on the pending dispositive motions, in light of the order filed separately this day setting deadlines for the plaintiff to file his responses to each motion. SO ORDERED. Signed by Chief Judge Beryl A. Howell on 8/23/19.(ah) (Entered: 08/23/2019)
2019-08-23		MINUTE ORDER denying as baseless 22 the plaintiff's Motion to Strike the Assistant United States Attorney's notice of appearance and, in turn, the government's dispositive motions. Counsel's notice of appearance fully complies with Local Civil Rule 5.4(b), which states in relevant part that the "use of a CM/ECF password," a requirement for all practicing attorneys,"creates an electronic record that operates and serves as the signature of the person to whom the password is assigned for all purposes under the Federal Rules of Civil Procedure and the Local Rules of this Court." SO ORDERED. Signed by Chief Judge Beryl A. Howell on 8/23/19. (ah) (Entered: 08/23/2019)
2019-08-27	24	LEAVE TO FILE DENIED- Plaintiff's Requests for Admissions No. 1 ("Leave to file Denied. See Local Civil Rule 5.2(a) Non-filing of Discovery Materials" by Chief Judge Beryl A. Howell This document is unavailable as the Court denied its filing. (ztd) (Entered: 08/27/2019)
2019-09-26	25	NOTICE OF INTERLOCUTORY APPEAL as to MINUTE ORDER on Motion to Strike, by AMEER FLIPPIN. Fee Status: IFP. Parties have been notified. (zrdj) (Entered: 09/30/2019)
2019-09-26	26	MOTION FOR CERTIFICATION OF MINUTE ORDERS by AMEER FLIPPIN (zrdj) (Entered: 09/30/2019)
2019-09-26	27	Memorandum in opposition to re 14 MOTION to Dismiss , 16 MOTION to Dismiss , or in the Alternative, for Summary Judgment , 17 MOTION for Summary Judgment (See ECF No. 16) filed by AMEER FLIPPIN. (zrdj) (Entered: 09/30/2019)
2019-09-26	28	MOTION to Amend/Correct MINUTE ORDER on Motion to Strike by AMEER FLIPPIN (zrdj) (Entered: 09/30/2019)
2019-09-30	29	Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee was not paid because it was filed in forma pauperis re 25 Notice of Interlocutory Appeal. (zrdj) (Entered: 09/30/2019)
2019-10-01	30	Summons Returned Unexecuted as to U.S. DEPARTMENT OF INTERIOR. (zrdj) (Entered: 10/03/2019)
2019-10-02		SUMMONS (1) REISSUED as to U.S. DEPARTMENT OF INTERIOR (zmc) (Entered: 10/02/2019)
2019-10-02	31	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CAPITOL POLICE DEPARTMENT served on 10/1/2019 (zrdj) (Entered: 10/03/2019)
2019-10-04		USCA Case Number 19-5268 for 25 Notice of Interlocutory Appeal filed by AMEER FLIPPIN. (zrdj) (Entered: 10/10/2019)
2019-10-07	32	ORDER of USCA as to 25 Notice of Interlocutory Appeal filed by AMEER FLIPPIN ; USCA Case Number 19-5268. (zrdj) (Entered: 10/09/2019)
2019-10-10	33	ORDER denying 28 Plaintiff's Motion to Amend Interlocutory Minute Orders; denying 26 Plaintiff's Motion for Certification of Minute Orders; directing prompt notification to the Court of Appeals (see document for details). Signed by Chief Judge Beryl A. Howell on 10/10/19.(ah) (Entered: 10/10/2019)
2019-10-10	35	Memorandum in opposition to re 16 MOTION to Dismiss , or in the Alternative, for Summary Judgment , 17 MOTION for Summary Judgment (See ECF No. 16) filed by AMEER FLIPPIN. (zrdj) (Entered: 10/15/2019)
2019-10-11	34	Supplemental Record on Appeal transmitted to US Court of Appeals re 33 Order on Motion to Amend/Correct, Order on Motion for Miscellaneous Relief, 25 Notice of Interlocutory Appeal ;ORDER denying 28 Plaintiff's Motion to Amend Interlocutory Minute Orders; denying 26 Plaintiff's Motion for Certification of Minute Orders USCA Case Number 19-5268. (zrdj) (Entered: 10/11/2019)
2019-10-17	36	REPLY to opposition to motion re 14 MOTION to Dismiss , 16 MOTION to Dismiss , or in the Alternative, for Summary Judgment , 17 MOTION for Summary Judgment (See ECF No. 16) filed by U.S. CAPITOL POLICE DEPARTMENT, U.S. DEPARTMENT OF INTERIOR, U.S. PARK POLICE DEPARTMENT. (Valdez, Darrell) (Entered: 10/17/2019)
2019-10-23	37	Summons Returned Unexecuted as to U.S. PARK POLICE DEPARTMENT. (zrdj) (Entered: 10/24/2019)
2019-11-22	38	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF INTERIOR served on 11/22/2019 (zrdj) (Entered: 11/25/2019)
2019-12-31	39	ORDER granting 14 the U.S. Capitol Police Department's Motion to Dismiss; granting 16 the Department of the Interior and U.S. Park Police's Motion to Dismiss; denying as moot 17 the Defendants' Motion for Summary Judgment; denying as moot 18 the Defendants' Motion to Quash, and closing the case, for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Chief Judge Beryl A. Howell on 12/31/19.(ah) (Entered: 12/31/2019)
2019-12-31	40	MEMORANDUM OPINION accompanying the final order issued separately this day. Signed by Chief Judge Beryl A. Howell on 12/31/19.(ah) (Entered: 12/31/2019)
2020-03-04	41	MANDATE of USCA as to 25 Notice of Interlocutory Appeal filed by AMEER FLIPPIN ; USCA Case Number 19-5268. (Attachment: # 1 USCA Order)(zsb) (Entered: 03/05/2020)
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