Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the Bureau of Prisons properly responded to a three-part FOIA request submitted by prisoner Edgar Pitts and that the response from the Civil Rights Division at the Justice Department was also appropriate. Pitts' requests to BOP asked for information about the cost of incarceration, a House Oversight and Government Report that had been cited in a USA Today article, and the contents of a letter marked "Returned Correspondence" that Pitts had received in 2018. Since the BOP staffer originally responding to Pitts' requests believed that the agency did not have information pertaining to the costs of individual incarceration, she did not initiate a search. However, another staffer concluded that a document showing the typical costs of incarceration at the facility where Pitts was housed was responsive. In response to Pitts' request for the congressional report, BOP told him such a report was not a BOP record. Pitts did not appeal the decision because he got a copy of the report from a fellow inmate. The returned correspondence report pertained to a Black Identity Extremist Report consisting of 22 pages. BOP withheld most of it under several exemptions. Pitts' request to the Civil Rights Division concerned investigations of three high-profile police shootings of blacks. Pitts received all three reports from various sources. Pitts complained that the BOP document on incarceration costs was not responsive to his request. But Berman Jackson noted that "missing from plaintiff's response is any argument to counter BOP's representation that the agency does not maintain cost data for any particular inmate in its custody. Nor does plaintiff address BOP's representation that, to respond directly to his FOIA request, the agency would be required to create records that ordinarily it does not maintain. FOIA imposes no such obligation." Berman Jackson also concluded that because Pitts had received the requested reports from various sources, his requests were now moot.
Issues: Litigation - Jurisdiction - Moot

Date Filed	Doc #	Docket Text
2019-06-14		Initiating Pleading & IFP Application Received on 6/14/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zrdj) (Entered: 06/21/2019)
2019-06-14	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, FEDERAL BUREAU OF PRISON, OFFICE OF INFORMATION POLICY, OFFICE OF THE INSPECTOR GENERAL, U.S. DEPARTMENT OF JUSTICE filed by EDGAR NELSON PITTS.(zrdj) (Entered: 06/21/2019)
2019-06-14	2	MOTION for Leave to Proceed in forma pauperis by EDGAR NELSON PITTS (zrdj) (Entered: 06/21/2019)
2019-06-14	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by EDGAR NELSON PITTS (zrdj) (Entered: 06/21/2019)
2019-07-03	4	ORDER directing an initial partial filing fee in the amount of $0 from Prison Account of EDGAR NELSON PITTS and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge Amy Berman Jackson on 07/02/2019. (zsb) (Entered: 07/05/2019)
2019-07-05		Case Assigned to Judge Amy Berman Jackson. (zsb) (Entered: 07/05/2019)
2019-07-09	5	SUMMONS (7) Issued as to FEDERAL BUREAU OF INVESTIGATION, FEDERAL BUREAU OF PRISON, OFFICE OF INFORMATION POLICY, OFFICE OF THE INSPECTOR GENERAL, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zmc) (Entered: 07/12/2019)
2019-07-19	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF THE INSPECTOR GENERAL served on 7/18/2019; U.S. DEPARTMENT OF JUSTICE served on 7/18/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/18/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/18/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 8/17/2019.) (jf) (Entered: 07/23/2019)
2019-07-24	7	NOTICE of Appearance by Damon William Taaffe on behalf of All Defendants (Taaffe, Damon) (Entered: 07/24/2019)
2019-07-31	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 7/24/2019 (jf) (Entered: 08/05/2019)
2019-08-12	9	MOTION for Extension of Time to File Answer re 1 Complaint by FEDERAL BUREAU OF INVESTIGATION, FEDERAL BUREAU OF PRISON, OFFICE OF INFORMATION POLICY, OFFICE OF THE INSPECTOR GENERAL, U.S. DEPARTMENT OF JUSTICE (Taaffe, Damon) (Entered: 08/12/2019)
2019-08-14		MINUTE ORDER granting 9 Motion for Extension of Time to Answer. It is ORDERED that defendants shall respond to the compliant by September 18, 2019. Signed by Judge Amy Berman Jackson on 8/14/19. (DMK) (Entered: 08/14/2019)
2019-09-18	10	MOTION to Dismiss , MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, FEDERAL BUREAU OF PRISON, OFFICE OF INFORMATION POLICY, OFFICE OF THE INSPECTOR GENERAL, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Waller Decl. with Exhibits, # 4 Hardy Decl. with Exhibits, # 5 Glover Decl. with Exhibits)(Taaffe, Damon) (Entered: 09/18/2019)
2019-09-22	11	Order advising plaintiff to respond by 10/25/2019 to Defendants' 10 MOTION to Dismiss or for Summary Judgment. Signed by Judge Amy Berman Jackson on 9/20/19. (ms) (Entered: 09/22/2019)
2019-09-30	13	ENTERED IN ERROR.....MOTION for Declaratory Relief by EDGAR NELSON PITTS (jf) Modified on 10/2/2019 (jf). (Entered: 10/02/2019)
2019-10-01	12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF INFORMATION POLICY served on 9/27/2019 (jf) (Entered: 10/02/2019)
2019-10-02		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 13 MOTION for Declaratory Relief was entered in error and will be refiled in the correct case.(jf) (Entered: 10/02/2019)
2019-10-02	14	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF PRISON served on 10/1/2019 (jf) (Entered: 10/03/2019)
2019-10-25	15	Memorandum in opposition to re 10 MOTION to Dismiss MOTION for Summary Judgment filed by EDGAR NELSON PITTS. "Leave to file GRANTED as a Opposition to Motion to Dismiss/Summary Affirmance" Signed by Amy B. Jackson, USDJ on 10/25/2019 (Attachments: # 1 Exhibits)(jf) (Entered: 10/28/2019)
2019-11-05	16	MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, FEDERAL BUREAU OF PRISON, OFFICE OF INFORMATION POLICY, OFFICE OF THE INSPECTOR GENERAL, U.S. DEPARTMENT OF JUSTICE (Taaffe, Damon) (Entered: 11/05/2019)
2019-11-05		MINUTE ORDER granting 16 Motion for Extension of Time. It is ORDERED that defendants shall file their reply by November 18, 2019. Signed by Judge Amy Berman Jackson on 11/5/19. (DMK) (Entered: 11/05/2019)
2019-11-18	17	REPLY to opposition to motion re 10 MOTION to Dismiss MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, FEDERAL BUREAU OF PRISON, OFFICE OF INFORMATION POLICY, OFFICE OF THE INSPECTOR GENERAL, U.S. DEPARTMENT OF JUSTICE. (Taaffe, Damon) (Entered: 11/18/2019)
2019-12-31	18	NOTICE OF SUBSTITUTION OF COUNSEL by Sian Jones on behalf of All Defendants Substituting for attorney Damon Taaffe (Jones, Sian) (Entered: 12/31/2019)
2020-01-27	19	MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by EDGAR NELSON PITTS (jf) (Entered: 01/29/2020)
2020-01-30	20	Memorandum in opposition to re 19 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by FEDERAL BUREAU OF INVESTIGATION, FEDERAL BUREAU OF PRISON, OFFICE OF INFORMATION POLICY, OFFICE OF THE INSPECTOR GENERAL, U.S. DEPARTMENT OF JUSTICE. (Jones, Sian) (Entered: 01/30/2020)
2020-02-18	21	REPLY to opposition re 19 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by EDGAR NELSON PITTS. (jf) (Entered: 02/20/2020)
2020-05-01	22	ERRATA by FEDERAL BUREAU OF INVESTIGATION, FEDERAL BUREAU OF PRISON, OFFICE OF INFORMATION POLICY, OFFICE OF THE INSPECTOR GENERAL, U.S. DEPARTMENT OF JUSTICE 17 Reply to opposition to Motion, filed by FEDERAL BUREAU OF PRISON, OFFICE OF INFORMATION POLICY, U.S. DEPARTMENT OF JUSTICE, OFFICE OF THE INSPECTOR GENERAL, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit)(Jones, Sian) (Entered: 05/01/2020)
2020-06-30	23	MEMORANDUM OPINION AND ORDER granting in part and denying in part without prejudice 10 10 Defendants' Motion to Dismiss, or, in the Alternative, for Summary Judgment; denying 19 19 plaintiff's motion for a preliminary injunction or temporary restraining order; and setting August 7, 2020 as the deadline for defendants' response to the remaining aspects of the complaint. Signed by Judge Amy Berman Jackson on 6/30/20. (ms) Modified on 6/30/2020 to reflect that this is a Memorandum Opinion and Order (jth). (Entered: 06/30/2020)
2020-06-30		Set/Reset Deadlines: Defendants shall file a renewed Summary Judgment motion, or other response to the remaining aspects of the complaint by 8/7/2020. (jth) (Entered: 06/30/2020)
2020-08-04	24	MOTION for Extension of Time to File by FEDERAL BUREAU OF INVESTIGATION, FEDERAL BUREAU OF PRISON, OFFICE OF INFORMATION POLICY, OFFICE OF THE INSPECTOR GENERAL, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 08/04/2020)
2020-08-05		MINUTE ORDER: It is hereby ORDERED that defendants' 24 Motion for Extension of Time is GRANTED. It is further ORDERED that defendants shall file their response by October 21, 2020. Given the length of this extension of time, this deadline will not be extended again without a showing of extraordinary circumstances beyond "the press of other matters." Signed by Judge Amy Berman Jackson on 8/5/20. (psu2) (Entered: 08/05/2020)
2020-08-05		Set/Reset Deadlines: Defendants shall file a renewed Summary Judgment Motion, or other response to the remaining aspects of the complaint by 10/21/2020. (jth) (Entered: 08/05/2020)
2020-10-21	25	Renewed Partial MOTION for Summary Judgment by FEDERAL BUREAU OF PRISON, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration (Glover), # 4 Declaration (Treadway), # 5 Declaration (Cain), # 6 Declaration (Kagle), # 7 Text of Proposed Order)(Jones, Sian) (Entered: 10/21/2020)
2020-10-22	26	Order advising plaintiff to respond by 11/30/2020 to 25 Defendants' Renewed Partial Motion for Summary Judgment. Signed by Judge Amy Berman Jackson on 10/22/20. (psu2) (Entered: 10/22/2020)
2020-12-08	27	MOTION for Extension of Time to File Response as to 25 Partial MOTION for Summary Judgment by EDGAR NELSON PITTS (zjf) (Entered: 12/10/2020)
2020-12-11		MINUTE ORDER granting 27 plaintiff's Motion for Extension of Time. Plaintiff's response to the renewed partial motion for summary judgment is due by January 29, 2021. Signed by Judge Amy Berman Jackson on 12/11/20. (DMK) (Entered: 12/11/2020)
2021-02-08	28	RESPONSE re 25 Partial MOTION for Summary Judgment filed by EDGAR NELSON PITTS. (zjf) (Entered: 02/11/2021)
2021-02-12	29	MOTION for Extension of Time to File by FEDERAL BUREAU OF PRISON, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 02/12/2021)
2021-02-22		MINUTE ORDER: Defendants' 29 Motion for Extension of Time is hereby GRANTED, and the Reply is due by March 17, 2021. Signed by Judge Amy Berman Jackson on 2/22/21. (psu2) (Entered: 02/22/2021)
2021-02-22		Set/Reset Deadline: Defendants' Reply in Support of their 25 Renewed Partial Motion for Summary Judgment is due by March 17, 2021. (jth) (Entered: 02/22/2021)
2021-03-17	30	REPLY to opposition to motion re 25 Partial MOTION for Summary Judgment filed by FEDERAL BUREAU OF PRISON. (Attachments: # 1 Exhibit A)(Jones, Sian) (Entered: 03/17/2021)
2021-05-28	31	MEMORANDUM OPINION and ORDER granting Defendants' Renewed Partial Motion for Summary Judgment, ECF No. 25, and setting July 2, 2021, as the deadline for a motion regarding the Civil Rights Division's response to plaintiffs FOIA request. Signed by Judge Amy Berman Jackson on 5/28/21. (psu2) (Entered: 05/28/2021)
2021-06-01		Set/Reset Deadlines: Defendants motion regarding the Civil Rights Divisions response to plaintiffs FOIA request due by 7/22/2021. (tb) (Entered: 06/01/2021)
2021-07-02	32	Renewed MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Text of Proposed Order)(Jones, Sian) (Entered: 07/02/2021)
2021-07-06	33	Order advising plaintiff to respond by 8/6/2021 to 32 Defendants' Renewed Motion for Summary Judgment. Signed by Judge Amy Berman Jackson on 7/6/21. (psu2) (Entered: 07/06/2021)
2021-10-05	34	ORDER granting 32 Defendants' Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Amy Berman Jackson on 10/4/21. (psu2) (Entered: 10/05/2021)
2021-10-05	35	MEMORANDUM AND OPINION. Signed by Judge Amy Berman Jackson on 10/4/21. (psu2) (Entered: 10/05/2021)
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