Case Detail

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that the FBI properly withheld records from Anthony Accurso pertaining to his conviction on child pornography charges under Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(E) (investigative methods or techniques). Accurso was convicted in 2014 in the Western District of Missouri. In 2019 he requested records related to his conviction under FOIA. The FBI searched its Kansas City Field Office and located 150 pages of responsive documents. Of those, the agency released one page in full, 53 pages in part, and withheld 96 pages in full. Although Accurso had not challenged the adequacy of the agency's search, Kollar-Kotelly found the search adequate. Accurso argued that the identities of third-party victims were likely in the public record and that the FBI had used Exemption 7(E) too broadly. But Kollar-Kotelly pointed out that the withheld records make "no mention of filenames, and nothing in the records of this case establishes that filenames and victims' names are the same. Crime victims certainly have a cognizable privacy interest that the FBI rightfully acknowledges." Accurso challenged the agency's use of Exemption 7(E) to withhold Computer Analysis Response Team reports pertaining to the agency's analysis of digital media, arguing that use of the database was public knowledge. Kollar-Kotelly disagreed, noting that "that forensic examination involves the retrieval of files and the use of software for this purpose may be public knowledge. What the FBI withholds, however, is information not known to the public. Plaintiff can only speculate about that the software, techniques, and procedures CART employed during its examination is known to the public, and his mere speculation as to the content of these records cannot overcome the presumption of good faith accorded to the FBI's declaration or defendant's showing on summary judgment."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2019-08-19		Initiating Pleading & IFP Application Received on 8/19/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zjd) (Entered: 08/23/2019)
2019-08-19	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE filed by ANTHONY ACCURSO. (Attachments: # 1 Supplement, # 2 Envelope)(zjd) (Entered: 08/23/2019)
2019-08-19	2	MOTION for Leave to Proceed in forma pauperis by ANTHONY ACCURSO. (zjd) (Entered: 08/23/2019)
2019-08-19	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ANTHONY ACCURSO. (zjd) (Entered: 08/23/2019)
2019-09-04	4	ORDER granting 2 Motion for Leave to Proceed in forma pauperis; It is hereby ORDERED that Plaintiff is obligated to pay an initial partial filing fee of $22.63 to the Clerk of the United States District Court for the District of Columbia (see Order for details). Signed by Judge Rudolph Contreras on 9/03/2019. (zad) (Entered: 09/09/2019)
2019-09-09		Case Reassigned to Judge Colleen Kollar-Kotelly. Unassigned is no longer assigned to the case. (zad) (Entered: 09/09/2019)
2019-09-10	5	ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 09/10/19. (DM) (Entered: 09/10/2019)
2019-09-10	6	SUMMONS (4) Issued as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (zef, ) (Entered: 09/11/2019)
2019-09-23	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 9/19/2019; U.S. DEPARTMENT OF JUSTICE served on 9/19/2019 (ztd) (Entered: 09/30/2019)
2019-10-11	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/10/19. Answer due for ALL FEDERAL DEFENDANTS by 11/9/2019. (ztd) (Entered: 10/16/2019)
2019-10-16		Partial Filing Fee Received from ANTHONY ACCURSO in the amount of $23.00, receipt number: 4616101063. (zrdj) (Entered: 10/17/2019)
2019-11-12	9	MOTION for Extension of Time to respond to FOIA Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Truong, John) (Entered: 11/12/2019)
2019-11-21	10	NOTICE of Filing Certificate of Service by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Truong, John) (Entered: 11/21/2019)
2019-11-21		MINUTE ORDER: Defendants' 9 Motion for Extension of Time is granted, and their Answer or other response to the Complaint is due by December 12, 2019. Signed by Judge Colleen Kollar-Kotelly on 11/21/19. (ms) (Entered: 11/21/2019)
2019-11-21		Set/Reset Deadlines: Answer or other response to the Complaint due by 12/12/2019. (dot) (Entered: 11/21/2019)
2019-12-12	11	ANSWER to 1 Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(Truong, John) (Entered: 12/12/2019)
2019-12-17	12	ORDER directing defendant to file a status report by January 17, 2020. Signed by Judge Colleen Kollar-Kotelly on 12/17/19. (ms) (Entered: 12/17/2019)
2019-12-17		Set/Reset Deadlines: Joint Status Report due by 1/17/2020. (dot) (Entered: 12/19/2019)
2020-01-17	13	STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 01/17/2020)
2020-01-22		MINUTE ORDER: On consideration of defendant's 13 Status Report, it is hereby ORDERED that defendant shall file its next Status Report, which may include a proposed schedule for briefing dispositive motions, by March 17, 2020. Signed by Judge Colleen Kollar-Kotelly on 1/22/20. (ms) (Entered: 01/22/2020)
2020-03-02	14	NOTICE by ANTHONY ACCURSO (ztd); ("Leave to file Granted. Docket as a Notice." signed 3/2/2020 by Judge Colleen Kollar-Kotelly) (Entered: 03/04/2020)
2020-03-17	15	STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 03/17/2020)
2020-04-27		MINUTE ORDER: Defendant shall file its next Status Report, which may include a proposed schedule for briefing dispositive motions, by June 1, 2020. Signed by Judge Colleen Kollar-Kotelly on 4/27/20. (ms) (Entered: 04/27/2020)
2020-06-01	16	STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 06/01/2020)
2020-06-02	17	ORDER setting schedule for dispositive motions. Signed by Judge Colleen Kollar-Kotelly on 6/1/20. (ms) (Entered: 06/02/2020)
2020-06-02		Set/Reset Deadlines: Plaintiff's Cross Motion due by 9/3/2020. Response to Cross Motion due by 10/2/2020. Reply to Cross Motion due by 11/3/2020. Defendants' Summary Judgment Motion due by 8/3/2020. Response to Motion for Summary Judgment due by 10/2/2020. Reply to Motion for Summary Judgment due by 11/3/2020. (dot) (Entered: 06/02/2020)
2020-08-03	18	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Michael G. Seidel and Exhibitts, # 4 Gov. Exhs. 1-2)(Truong, John) (Entered: 08/03/2020)
2020-08-04	19	Order advising plaintiff to file his response to Defendant's 18 Motion for Summary Judgment by by 9/3/2020. Signed by Judge Colleen Kollar-Kotelly on 8/4/2020. (psu2) (Entered: 08/04/2020)
2020-08-04		Set/Reset Deadlines: Plaintiff's Cross Motion due by 9/30/2020. Response to Cross Motion due by 10/2/2020. Reply to Cross Motion due by 11/3/2020. Plaintiff's Response to 18 Motion for Summary Judgment due by 9/30/2020. Reply to Motion for Summary Judgment due by 10/2/2020. (dot) (Entered: 08/04/2020)
2020-08-31	20	Memorandum in opposition to re 18 MOTION for Summary Judgment filed by ANTHONY ACCURSO. (ztd) (Entered: 09/03/2020)
2020-09-25	21	MOTION for Extension of Time to File Response/Reply by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Truong, John) (Entered: 09/25/2020)
2020-10-02		MINUTE ORDER: Defendants' 21 Motion for Extension of Time is granted, and the Reply is due by October 23, 2020. Signed by Judge Colleen Kollar-Kotelly on 10/2/20. (psu2) (Entered: 10/02/2020)
2020-10-23	22	REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 10/23/2020)
2020-11-19	23	SURREPLY to re 18 MOTION for Summary Judgment filed by ANTHONY ACCURSO. "Leave to file surreply GRANTED" Signed by Judge Colleen Kollar-Kotelly on November 19, 2020. (eg) (Entered: 11/20/2020)
2021-02-05	24	ORDER granting 18 Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on 2/5/21. (psu2) (Entered: 02/05/2021)
2021-02-05	25	MEMORANDUM AND OPINION. Signed by Judge Colleen Kollar-Kotelly on 2/5/21. (psu2) (Entered: 02/05/2021)
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