Case Detail

FOIA Project Annotation: The court ruled the Bureau of Prisons had shown it conducted an adequate search for records concerning a report Russell Marks made about a fellow prisoner, Kevin Rawls. However, the court found the BOP had not yet sufficiently shown that the records were covered by exemptions.
Issues: Adequacy - Search

FOIA Project Annotation: A federal court in Missouri has ruled that the Bureau of Prisons properly invoked Exemption 7(C) (invasion of privacy concerning law enforcement records) to withhold records concerning Assistant U.S. Attorney Cindy Hyde's conclusion that Russell Marks' life sentence should not be reduced because of information he provided DOJ in hopes of getting a sentence reduction. After talking with BOP staff, Hyde concluded Marks should not be considered for a sentence reduction. Marks then filed a FOIA request for records concerning who Hyde spoke with at BOP. Hyde specially prepared a document for Marks listing her contacts and the dates of her meetings, which was released to Marks. Two other documents�"seven pages of handwritten notes and a two-page letter from Hyde to a BOP official�"were withheld. After reviewing the documents in camera, the court rejected Marks' claim that disclosure of the records would shed light on government operations or activities. The court noted that "Marks only repeats his prior assertions that the other inmates' conduct [which he reported to BOP officials] was serious and amounted to an escape and that the information he provided was accurate. None of these allegations demonstrate misconduct or impropriety on the Government's part." The court added that "Marks also implies the documents might be important to his efforts to compel the filing for a [sentence reduction], but this is not a public interest sufficient to overcome the privacy concern." However, the court indicated that some of the records could be disclosed if personally-identifying information was redacted. The court pointed out that "the privacy concerns arising from release of the names can be obviated by redacting that information. Revealing the information with the names redacted will not implicate any privacy concerns."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records

FOIA Project Annotation: A federal court in Missouri has ruled that the Justice Department has failed to show that Exemption 7 (C) (invasion of privacy concerning law enforcement records) applies to identifying information about Assistant U.S. Attorney Cindy Hyde and the contents of her notes taken when she talked to Bureau of Prison officials about allegations made by prisoner Russell Marks. Marks provided information he hoped would lead to a sentence reduction, but after interviewing BOP officials, Hyde declined to pursue the matter. Marks then made a FOIA request for the records. The agency eventually provided a record created to respond to Marks' request, but withheld Hyde's notes and a letter she wrote to a BOP official. The court previously ruled that Exemption 7(C) applied to identifying information in Hyde's notes, but not to the notes themselves. DOJ continued to argue that it needed to withhold the information to protect Hyde and suggested the Exemption 7(F) (harm to any person) might be applicable as well. But the court noted that "plaintiff has been well-aware of AUSA Hyde's involvement in this matter for quite some time. . .And, for that matter, the address of the United States Attorney's Office is a matter of public record. The Court sees little additional risk to AUSA Hyde's safety if her name remains on the documents. The Court, will, however, allow her phone number to be redacted if it appears on any of the documents."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2013-10-11	1	PRO SE COMPLAINT against United States Department of Justice Russell Marks. Filing fee $400, receipt number MONEY ORDER #: 21367815862. Service due by 2/11/2014. (Attachments: # 1 Civil Cover Sheet)(Burch, C. Steve) (Entered: 10/11/2013)
2013-10-11	2	NOTICE of filing -- Notice of Related Case -- by Russell Marks. (Burch, C. Steve) (Entered: 10/11/2013)
2013-10-15		RECEIPT number KCMO034728 in the amount of $400.00 issued to Russell Marks. (Chorny, Traci) (Entered: 10/15/2013)
2013-10-17	3	ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge Ortrie D. Smith for all further proceedings. District Judge Beth Phillips no longer assigned to case Signed on 10/17/2013 by District Judge Beth Phillips. (McIlvain, Kelly) (Entered: 10/17/2013)
2013-10-28		SUMMONS ISSUED as to United States Department of Justice, U.S. Attorney and U.S. Attorney General. Summons returned via mail to pro se Plaintiff for service. (Burch, C. Steve) (Entered: 10/28/2013)
2013-10-28	4	NEW NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NEW NOTICE AND NEW MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS. Notice of MAP assignment to an outside mediator. (Attachments: # 1 MAP General Order)(Howard, Linda) (Entered: 10/28/2013)
2013-10-28		NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 10/28/13 as Document No. 4, Notice of MAP assignment. The document has been deleted as it was filed in error. This is a text entry only - no document is attached. (Howard, Linda) (Entered: 10/28/2013)
2013-12-16	5	RETURN OF SERVICE of complaint executed by Russell Marks. United States Department of Justice served on 11/29/2013. (Attachments: # 1 Cover Letter, # 2 Envelope)(Burch, C. Steve) (Entered: 12/16/2013)
2013-12-16	6	RETURN OF SERVICE of complaint executed by Russell Marks. United States Department of Justice (United States Attorney General) served on 11/29/2013. (Burch, C. Steve) (Entered: 12/16/2013)
2013-12-16	7	RETURN OF SERVICE of complaint executed by Russell Marks. United States Department of Justice served on 11/29/2013, answer due 1/28/2014. (Burch, C. Steve) (Entered: 12/16/2013)
2013-12-30	8	NOTICE of change of address by Russell Marks (Attachments: # 1 Envelope)(Howard, Linda) (Entered: 12/30/2013)
2014-01-25	9	MOTION for extension of time to file answer re 1 Complaint filed by Jeffrey P. Ray on behalf of United States Department of Justice. Suggestions in opposition/response due by 2/13/2014 unless otherwise directed by the court. (Related document(s) 1 ) (Attorney Jeffrey P. Ray added to party United States Department of Justice(pty:dft))(Ray, Jeffrey) (Entered: 01/25/2014)
2014-02-19	10	ORDER granting 9 Motion for Extension of Time to Answer United States Department of Justice answer due 2/24/2014. Signed on 2/19/14 by District Judge Ortrie D. Smith. (Order mailed to Plaintiff.) (Matthes, Renea) (Entered: 02/19/2014)
2014-02-24	11	MOTION to dismiss for lack of jurisdiction or, in the alternative, , MOTION for summary judgment (with supporting suggestions incorporated) filed by Jeffrey P. Ray on behalf of United States Department of Justice. Suggestions in opposition/response due by 3/13/2014 unless otherwise directed by the court. Suggestions in opposition/response due by 3/20/2014 unless otherwise directed by the court (Attachments: # 1 Exhibit A [Hyde Declaration], # 2 Exhibit B [DOJ FOIA response], # 3 Exhibit C [Preston e-mail])(Ray, Jeffrey) (Entered: 02/24/2014)
2014-03-07	12	NOTICE of change of address by Russell Marks (Wheeler, LaTandra)*** Address changed to: MD DPSCS No. 405775, Western Correction Institution, 13800 McMullen Highway, SW, Cumberland, Maryland 21502. (Entered: 03/14/2014)
2014-03-17	13	MOTION for extension of time to file response/reply as to 11 MOTION to dismiss for lack of jurisdiction or, in the alternative, MOTION for summary judgment (with supporting suggestions incorporated) filed by Russell Marks. Suggestions in opposition/response due by 4/3/2014 unless otherwise directed by the court. (Related document(s) 11 ) (Martin, Jan) (Entered: 03/19/2014)
2014-04-01	14	SUGGESTIONS in OPPOSITION OF MOTION FOR SUMMARY JUDGEMENT re: 11 MOTION to dismiss for lack of jurisdiction or, in the alternative, MOTION for summary judgment (with supporting suggestions incorporated) on behalf of Plaintiff Russell Marks. Reply suggestions due by 4/18/2014 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1-10, # 2 Envelope)(Related document(s) 11 ) (Travis, Kendra) (Entered: 04/01/2014)
2014-04-01	15	MOTION for order REQUEST FOR AN IN CAMERA INSPECTION OF RECORDS re 14 Suggestions in Opposition to Motion for Summary Judgment, filed by Russell Marks. Suggestions in opposition/response due by 4/18/2014 unless otherwise directed by the court. (Attachments: # 1 Envelope)(Related document(s) 14 ) (Travis, Kendra) (Entered: 04/01/2014)
2014-04-04	16	ORDER granting 13 motion for extension of time to file response/reply. Plaintiff's response filed on 4/1/14 will be deemed to have been timely filed. Signed on 4/4/14 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached. (Wolfe, Steve) (Entered: 04/04/2014)
2014-04-18	17	PRO SE AMENDED SUGGESTIONS in support re 15 Amended traverse to Government's motion to dismiss and request for an in-camera inspection of records. on behalf of Plaintiff Russell Marks. (Attachments: # 1 Exhibit, # 2 Envelope)(Related document(s) 15 ) (Martin, Jan) (Entered: 04/23/2014)
2014-05-21	18	ORDER AND OPINION GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMSISS OR FOR SUMMARY JUDGMENT 11 . Signed on 5/21/14 by District Judge Ortrie D. Smith. (Matthes, Renea) Modified on 5/21/2014 - Copy of order mailed via first class mail to Russell Marks (Anderson, Christy). (Entered: 05/21/2014)
2014-06-19	19	MOTION for extension of time to file response/reply as to 15 MOTION for order REQUEST FOR AN IN CAMERAINSPECTION OF RECORDS re 14 Suggestions in Opposition to Motion for Summary Judgment,, 18 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Summary Judgment,, filed by Jeffrey P. Ray on behalf of United States Department of Justice. Suggestions in opposition/response due by 7/7/2014 unless otherwise directed by the court. (Related document(s) 15 , 18 ) (Ray, Jeffrey) (Entered: 06/19/2014)
2014-07-07	20	NOTICE of filing of recent opinion in support, by Russell Marks re 15 MOTION for order REQUEST FOR AN IN CAMERAINSPECTION OF RECORDS re 14 Suggestions in Opposition to Motion for Summary Judgment, (Attachments: # 1 Exhibit 1, # 2 Envelope)(Wheeler, LaTandra) (Entered: 07/08/2014)
2014-07-09	21	ORDER granting 19 motion for extension of time to file response re 15 Plaintiff's MOTION FOR AN IN CAMERA INSPECTION.Suggestions in Opposition due by 7/18/2014. Signed on 7/9/14 by District Judge Ortrie D. Smith. (Order mailed to Plaintiff.) (Matthes, Renea) (Entered: 07/09/2014)
2014-07-18	22	Second MOTION for extension of time to file response/reply as to 18 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Summary Judgment,, filed by Jeffrey P. Ray on behalf of United States Department of Justice. Suggestions in opposition/response due by 8/4/2014 unless otherwise directed by the court. (Related document(s) 18 ) (Ray, Jeffrey) (Entered: 07/18/2014)
2014-07-21	23	MOTION to dismiss case or, in the alternative for summary judgment and Response to the Court's Order [Doc. 18] filed by Jeffrey P. Ray on behalf of United States Department of Justice. Suggestions in opposition/response due by 8/7/2014 unless otherwise directed by the court. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F)(Ray, Jeffrey) (Entered: 07/21/2014)
2014-08-04	24	PRO SE MOTION for extension of time to file traverse filed by Russell Marks. Suggestions in opposition/response due by 8/21/2014 unless otherwise directed by the court. (Attachments: # 1 Envelope)(Anderson, Christy) (Entered: 08/04/2014)
2014-08-05	25	ORDER granting 22 and 24 motions for extension of time to file response. [Doc. 18] MOTION to dismiss case suggestions in opposition due by 9/1/2014, [Doc. 15] MOTION for order REQUEST FOR AN IN CAMERA INSPECTION OF RECORDS reply suggestions due by 9/1/2014. Copy of this order mailed to Russell Marks at the address as indicated on the order. Signed on 8/5/14 by District Judge Ortrie D. Smith. (Diefenbach, Tracy) (Entered: 08/05/2014)
2014-08-29	26	REPLY SUGGESTIONS re 15 PLAINTIFF'S MOTION for order REQUEST FOR AN IN CAMERA INSPECTION OF RECORDS and SUGGESTIONS IN OPPOSITION re 23 MOTION to dismiss case or, in the alternative for summary judgment and Response to the Court's Order [Doc. 18] on behalf of Plaintiff Russell Marks. Reply suggestions due by 9/15/2014 unless otherwise directed by the court (Attachments: # 1 Exhibit)(Related document(s) 15 , 23 ) (Martin, Jan) (Additional attachment(s) added on 9/2/2014: # 2 Envelope) (Martin, Jan). (Entered: 09/02/2014)
2014-10-14	27	ORDER granting 15 motion for request for In Camera Review. Accordingly, the Government shall have until and including November 7, 2014 to submit AUSA Hydes handwritten notes and the two-page letter AUSA Hyde sent to a BOP Official for in camera review. Signed on October 14, 2014 by District Judge Ortrie D. Smith. (Martin, Jan) Order mailed to Russell Marks Maryland DPSCS Number 402775, Western Correction Institution 13800 McMullen Highway SW, Cumberland, Maryland 21502 on 10/14/2014 (Martin, Jan). (Entered: 10/14/2014)
2014-11-06	28	NOTICE of filing with the Court of documents for in camera inspection by United States Department of Justice re 27 Order on Motion for Miscellaneous Relief,, (Ray, Jeffrey) (Entered: 11/06/2014)
2014-12-11	29	ORDER AND OPINION (1) GRANTING IN PART DEFENDANT'S MOTION TO DISMISS OR FOR SUMMARY JUDGMENT AND (2) DIRECTING DEFENDANT TO TO SHOW CAUSE WHY JUDGMENT SHOULD NOT BE ENTERED IN PLAINTIFF'S FAVOR 23 motion to dismiss case. Signed on 12/11/14 by District Judge Ortrie D. Smith. (Order mailed to Plaintiff.) (Matthes, Renea) (Entered: 12/11/2014)
2015-01-12	30	RESPONSE to order re 29 Order on Motion to Dismiss Case, filed by Jeffrey P. Ray on behalf of Defendant United States Department of Justice. (Related document(s) 29 ) (Ray, Jeffrey) (Entered: 01/12/2015)
2015-02-02	31	PRO SE TRAVERSE by Russell Marks. (Attachments: # 1 Envelope)(Burch, C. Steve) (Entered: 02/02/2015)
2015-02-19	32	ORDER AND OPINION ENTERING JUDGMENT IN PLAINTIFF'S FAVOR. Signed on 2/19/15 by District Judge Ortrie D. Smith. (Order mailed to Plaintiff.) (Matthes, Renea) (Entered: 02/19/2015)
2015-02-19	33	CLERK'S JUDGMENT. (Judgment mailed to Plaintiff.) (Matthes, Renea) (Entered: 02/19/2015)
Hide Docket Events