Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that the FBI properly withheld records about the investigation of a 1993 murder of three boys in West Memphis, Arkansas. The agency received four requests from Stephen Braga, the attorney who represented Damien Echols, one of three men convicted in the murders, in post-conviction appeals that led to the release of the three men. In response to Braga's first request, the FBI released 190 pages previously disclosed to another FOIA requester, released 26 pages in response to a second request, and told Braga that the previously-disclosed 190 pages were responsive to his third request. In his fourth request, he asked the agency to process the records based on the 2009 Attorney General's memo. As a result, the agency disclosed 458 pages, but withheld 239 pages under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(D) (confidential sources). Boasberg indicated that "if the records and information the FBI seeks to withhold in this case were 'compiled for law enforcement purposes,' the Court need only address whether the agency has properly withheld these documents under Exemption 7(C). If so, there is no need to consider the higher bar of Exemption 6. Here, Braga never argues that the FBI records were not compiled for law enforcement purposes. Nor would he have much luck doing so given that the records all concededly relate to the FBI's work on a murder investigation." Boasberg noted that "the FBI here identifies the privacy interests of six categories of people 'whose names or other identifying information appear in the responsive records'. . .The Court finds each of these interests substantial, a decision consistent with D.C. Circuit law." Braga argued the existence of a significant public interest in the potential exoneration of those sentenced to death. But Boasberg observed that "Echols is no longer a death-row inmate or a prisoner at all; he is now a free man. The public's interest, at this point, is diminished and cannot overcome the substantial privacy interests [identified in the case law]." Boasberg found that the FBI's Exemption 7(D) claims occurred only in conjunction with 7(C). He noted that "since the Court has already held that 7(C) applies here, its inquiry is at an end."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 7(D) - Confidential sources

Date Filed	Doc #	Docket Text
2012-01-27	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 350, receipt number 4616045573) filed by STEPHEN L. BRAGA. (Attachments: # 1 Civil Cover Sheet)(td, ) (Additional attachment(s) added on 1/30/2012: # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (td, ). (Entered: 01/30/2012)
2012-01-27		SUMMONS (3)Issued as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 01/30/2012)
2012-03-16	2	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/22/2012. Answer due for ALL FEDERAL DEFENDANTS by 3/23/2012. (Braga, Stephen) (Entered: 03/16/2012)
2012-03-16	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/31/2012. (Braga, Stephen) (Entered: 03/16/2012)
2012-03-16	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 1/31/2012 (Braga, Stephen) (Entered: 03/16/2012)
2012-03-22	5	NOTICE of Appearance by Rhonda Lisa Campbell on behalf of All Defendants (Campbell, Rhonda) (Entered: 03/22/2012)
2012-03-22	6	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by FEDERAL BUREAU OF INVESTIGATION (Campbell, Rhonda) (Entered: 03/22/2012)
2012-03-23		NOTICE OF ERROR re 6 Motion for Extension of Time to File Answer; emailed to rhonda.campbell@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Document incomplete/illegible, 2. Please refile document (td, ) (Entered: 03/23/2012)
2012-03-23	7	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by FEDERAL BUREAU OF INVESTIGATION (Campbell, Rhonda) (Entered: 03/23/2012)
2012-03-26	8	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by FEDERAL BUREAU OF INVESTIGATION (Campbell, Rhonda) (Entered: 03/26/2012)
2012-03-26		MINUTE ORDER granting 8 Defendant's Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to Plaintiff's Complaint by April 23, 2012. Defendant's prior 6 7 Motions for Extension of Time were filed incomplete and are DENIED AS MOOT. Signed by Judge James E. Boasberg on 3/26/2012. (lcjeb2) (Entered: 03/26/2012)
2012-03-26		Set/Reset Deadlines: Answer to the complaint due by 4/23/2012. (tg, ) (Entered: 03/26/2012)
2012-04-23	9	NOTICE of Appearance by Alan R. Burch on behalf of FEDERAL BUREAU OF INVESTIGATION (Burch, Alan) (Entered: 04/23/2012)
2012-04-23	10	Consent MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Complaint by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Burch, Alan) (Entered: 04/23/2012)
2012-04-23		MINUTE ORDER granting 10 Defendant's Consent Motion for Extension of Time to Answer or Otherwise Respond to the Complaint. Defendant shall file its answer or otherwise respond by June 22, 2012. Signed by Judge James E. Boasberg on 4/23/2012. (lcjeb2) (Entered: 04/23/2012)
2012-04-23		Set/Reset Deadline: Defendant shall file its answer or otherwise respond by 6/22/2012. (ad) (Entered: 04/23/2012)
2012-06-18	11	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Complaint by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Burch, Alan) (Entered: 06/18/2012)
2012-06-18		MINUTE ORDER granting 11 Defendant's Unopposed Motion for Extension of Time to Answer. The Court ORDERS that Defendant shall answer or otherwise respond to Plaintiff's Complaint by July 19, 2012. Signed by Judge James E. Boasberg on 6/18/2012. (lcjeb2) (Entered: 06/18/2012)
2012-06-19		Set/Reset Deadline: The Defendant shall answer or otherwise respond to Plaintiff's Complaint by 7/19/2012. (ad) (Entered: 06/19/2012)
2012-07-19	12	MOTION for Summary Judgment and Statement of Material Facts by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Exhibit Declaration of David Hardy and Attachments A-T thereto)(Burch, Alan) (Entered: 07/19/2012)
2012-07-24	13	Consent MOTION for Extension of Time to Respond to Defendant's Motion for Summary Judgment by STEPHEN L. BRAGA (Attachments: # 1 Text of Proposed Order)(Braga, Stephen) (Entered: 07/24/2012)
2012-07-24		MINUTE ORDER granting 13 Plaintiff's Consent Motion for Extension of Time to Respond to Defendant's 12 Motion for Summary Judgment. The Court ORDERS that Plaintiff file any response to Defendant's Motion on or before October 8, 2012. Signed by Judge James E. Boasberg on 7/24/2012. (lcjeb2) (Entered: 07/24/2012)
2012-07-24		Set/Reset Deadline: The Plaintiff shall file any response to Defendant's Motion on or before 10/08/2012. (ad) (Entered: 07/24/2012)
2012-08-22	14	NOTICE of Change of Address by Stephen Louis Braga (Braga, Stephen) (Entered: 08/22/2012)
2012-10-05	15	Memorandum in opposition to re 12 MOTION for Summary Judgment and Statement of Material Facts filed by STEPHEN L. BRAGA. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Braga, Stephen) (Entered: 10/05/2012)
2012-10-15	16	REPLY to opposition to motion re 12 MOTION for Summary Judgment and Statement of Material Facts and Reply to Plaintiff's Statement of Genuine Issues filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration of Dennis Argall)(Burch, Alan) (Entered: 10/15/2012)
2012-12-21	17	ORDER granting 12 Defendant's Motion for Summary Judgment. Judgment is ENTERED in favor of Defendant. Signed by Judge James E. Boasberg on 12/21/2012. (lcjeb2) (Entered: 12/21/2012)
2012-12-21	18	MEMORANDUM OPINION re 17 Order. Signed by Judge James E. Boasberg on 12/21/2012. (lcjeb2) (Entered: 12/21/2012)
2012-12-21	19	CLERK'S JUDGMENT in favor of Defendant, FEDERAL BUREAU OF INVESTIGATION against Plaintiff, STEPHEN L. BRAGA. (tg, ) (Entered: 12/21/2012)
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