Case Detail

FOIA Project Annotation: Judge Christopher Cooper has ruled that the U.S. Postal Inspection Service properly withheld records that might identify child victims contained on CD ROM discs taken from the residence of John Davis, who was later convicted of trafficking in child pornography. Davis, who was sentenced to 235 months, requested the names of the 16 movie files seized from his home. The USPIS located a search warrant and search warrant inventory list and released three pages after redacting them under Exemption 3 (other statutes) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The agency claimed 18 U.S.C. § 3509(d), which prohibits disclosure of names or other personal information about child victims, provided an exemption for the redactions. Davis argued that the agency could "manually print the names of each file" to avoid identifying any children. But Cooper pointed that "Davis misunderstands the nature of FOIA exemptions. USPIS' justification for withholding these documents would extend to any documents containing the same information. . .[A]ccording to USPIS' affidavitsâ€"which the Court accepts as true absent evidence to the contraryâ€"the movie titles themselves either reflect the names of the child victims or include information by which the child victims could be identified, such as their descriptions and ages." Davis also argued that "his sentence was enhanced by 5 levels because the offense allegedly involved 600 or more images, yet neither he nor his defense counsel actually viewed the images. Thus he seeks evidence to show that the CD ROM files' content did not warrant the upward adjustment." Finding Davis' claim had no bearing on his request, Cooper pointed out that "Davis' personal interest in the requested information does not amount to a public interest of such magnitude that it outweighs the individuals' substantial privacy interests. Furthermore, FOIA is not a substitute for discovery in a criminal case."
Issues: Exemption 3 - Statutory prohibition of disclosure, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2013-12-18	1	COMPLAINT against UNITED STATES POSTAL INSPECTION SERVICE filed by JOHN STELLIOS DAVIS. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(am, ) (Entered: 12/20/2013)
2013-12-18		SUMMONS Issued (3) as to UNITED STATES POSTAL INSPECTION SERVICE, U.S. Attorney and U.S. Attorney General (am, ) (Entered: 12/20/2013)
2013-12-18	2	MOTION for Leave to Proceed in forma pauperis by JOHN STELLIOS DAVIS (am, ) (Entered: 12/20/2013)
2013-12-18	3	ORDER directing an initial partial filing fee in the amount of $39.16 from Prison Account of JOHN STELLIOS DAVIS. Signed by Judge Colleen Kollar-Kotelly on 11/26/2013. (am, ) (Entered: 12/20/2013)
2014-01-02	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/30/2013. Answer due for ALL FEDERAL DEFENDANTS by 1/29/2014. (rdj) (Entered: 01/02/2014)
2014-01-08	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/30/13. (td, ) (Entered: 01/08/2014)
2014-01-08	6	Summons Returned Unexecuted as to UNITED STATES POSTAL INSPECTION SERVICE. (td, ) (Entered: 01/10/2014)
2014-01-17	7	NOTICE of Appearance by Kimberly J. Duplechain on behalf of UNITED STATES POSTAL INSPECTION SERVICE (Duplechain, Kimberly) (Entered: 01/17/2014)
2014-01-29	8	MOTION for Summary Judgment by UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration Warner, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Text of Proposed Order)(Duplechain, Kimberly) (Entered: 01/29/2014)
2014-02-28	9	Order advising plaintiff to respond by 3/28/2014 to defendants' 8 MOTION for Summary Judgment, or the Court may treat the motion as conceded. Signed by Judge Reggie B. Walton on 2/28/14. (ms, ) (Entered: 02/28/2014)
2014-02-28		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/28/2014. (tg, ) (Entered: 02/28/2014)
2014-03-18	10	MOTION for plaintiff to be provided a copy of the defendants motion for summary judgment by JOHN STELLIOS DAVIS (td, ) (Entered: 03/20/2014)
2014-03-18	11	MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment by JOHN STELLIOS DAVIS (td, ) (Entered: 03/20/2014)
2014-03-21		MINUTE ORDER: It is hereby ORDERED that the Motion for the Plaintiff to be Provided a Copy of the Defendant's Motion for Summary Judgment 10 is GRANTED. The defendant shall serve a copy of its motion on the plaintiff at his current address of record by March 28, 2014. It is further ORDERED that the Motion for an Extension of Time to Respond to the Defendant's Motion for Summary Judgment 11 is GRANTED. The plaintiff shall file his opposition to the defendant's motion for summary judgment 8 by April 30, 2014. Signed by Judge Reggie B. Walton on 3/20/14. (ms, ) (Entered: 03/21/2014)
2014-03-21		Set/Reset Deadlines: Defendant's service of a copy of defendant's Motion for Summary Judgment on Plaintiff at his current address of record due by 3/28/2014. Plaintiff's Response to Motion for Summary Judgment due by 4/30/2014. (tg, ) (Entered: 03/21/2014)
2014-03-21	12	NOTICE of Compliance with Court Order by UNITED STATES POSTAL INSPECTION SERVICE re Set/Reset Deadlines, Order on Motion for Order, Order on Motion for Extension of Time to File Response/Reply,,,, (Duplechain, Kimberly) (Entered: 03/21/2014)
2014-04-01	13	MOTION to Appoint Counsel by JOHN STELLIOS DAVIS (td, ) (Entered: 04/02/2014)
2014-04-02	14	RESPONSE re 8 MOTION for Summary Judgment filed by JOHN STELLIOS DAVIS. (td, ) (Entered: 04/02/2014)
2014-04-14	15	NOTICE OF SUBSTITUTION OF COUNSEL by Shuchi Batra on behalf of All Defendants Substituting for attorney Kimberly J. Duplechain (Batra, Shuchi) (Entered: 04/14/2014)
2014-04-14	16	REPLY to opposition to motion re 8 MOTION for Summary Judgment filed by UNITED STATES POSTAL INSPECTION SERVICE. (Batra, Shuchi) (Entered: 04/14/2014)
2014-04-16		Case directly reassigned to Judge Christopher R. Cooper. Judge Reggie B. Walton no longer assigned to the case. (gt, ) (Entered: 04/16/2014)
2014-04-18	17	Memorandum in opposition to re 13 MOTION to Appoint Counsel filed by UNITED STATES POSTAL INSPECTION SERVICE. (Batra, Shuchi) (Entered: 04/18/2014)
2014-04-21	18	SUPPLEMENTAL MEMORANDUM to re 14 Response to motion filed by JOHN STELLIOS DAVIS. (td, ) (Entered: 04/23/2014)
2014-10-06		Set/Reset Hearings: Settlement Conference set for 11/10/2014 at 10:00 AM in Chambers before Magistrate Judge John M. Facciola. (lcjmf1, ) (Entered: 10/06/2014)
2014-10-07		NOTICE OF CORRECTED DOCKET ENTRY: re Set/Reset Hearings was entered in error and counsel is instructed to disregard this docket entry. (tcr) (Entered: 10/07/2014)
2014-10-27	19	NOTICE of Change of Address by JOHN STELLIOS DAVIS (td, ) (Entered: 10/31/2014)
2014-12-10	20	NOTICE OF SUBSTITUTION OF COUNSEL by Eric Joseph Young on behalf of All Defendants Substituting for attorney Shuchi Batra (Young, Eric) (Entered: 12/10/2014)
2014-12-15	21	ORDER: It is herebyORDERED that Defendants Motion for Summary Judgment 8 is GRANTED; it is furtherORDERED that plaintiffs Motion for Appointment of Counsel 13 is DENIED. Signed by Judge Christopher R. Cooper on 12/15/2014. (lccrc1, ) (Entered: 12/15/2014)
2014-12-15	22	MEMORANDUM OPINION re 8 Defendants Motion for Summary Judgment; 13 Plaintiffs Motion for Appointment of Counsel. Signed by Judge Christopher R. Cooper on 12/15/2014. (lccrc1, ) (Entered: 12/15/2014)
2014-12-15		NOTICE: The Court's Memorandum Opinion and order dated 12/15/2014 has been mailed by first class mail to Plaintiff: JOHN STELLIOS DAVIS, R21763-058 BUTNER LOW, FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 999 BUTNER, NC 27509 on December 15, 2014 (tcr) (Entered: 12/15/2014)
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