Skip to content

Case Detail

[Subscribe to updates]
Case TitleRodriguez v. U.S. Dept. of Justice Drug Enforcement Administration FOI Records Management
DistrictSouthern District of Ohio
CityColumbus
Case Number2:2014cv00173
Date Filed2014-02-18
Date Closed2015-06-29
JudgeJudge George C Smith
PlaintiffJose Rodriguez
Case DescriptionJose Rodriquez, a state prisoner in Ohio, made a request to the Justice Department for copies of audio or videotapes related to him that were taken in Woods County, Ohio in 2007. The Justice Department indicated it was willing to release some of the records, but not all of them. Rodriquez appealed to the Office of Information Policy, which upheld the original decision. Rodriquez then filed suit.Jose Rodriquez, a state prisoner in Ohio, made a request to the Justice Department for copies of audio or videotapes related to him that were taken in Woods County, Ohio in 2007. The Justice Department indicated it was willing to release some of the records, but not all of them. Rodriquez appealed to the Office of Information Policy, which upheld the original decision. Rodriquez then filed suit.
Complaint issues: in camera inspection, de novo review, disclosure of records, attorney's fees, statutory damages under the Privacy Actin camera inspection, de novo review, disclosure of records, attorney's fees, statutory damages under the Privacy Act

DefendantU.S. Dept. of Justice Drug Enforcement Administration FOI Records Management
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint
Complaint attachment 1
Opinion/Order [22]
FOIA Project Annotation: A federal court in Ohio has ruled that the DEA conducted an adequate search for exhibits connected to Jose Rodriguez's conviction for drug trafficking and properly withheld one exhibit under Exemption 7(D) (confidential sources). Rodriguez claimed the exhibits had been altered at the time of trial and requested any records in the possession of DEA. After a search, DEA located one exhibit, but denied Rodiguez's request based on several subparts of Exemption 7. Both exhibits recorded conversations that included a confidential source and law enforcement officers in which an accomplice of Rodriguez offered to sell drugs. The court found that the existing recording was covered by Exemption 7(D). The court noted that "plaintiff alleges no facts demonstrating that [the remaining exhibit] was ever played at his trial." The court added that "there is no question of material fact that [the remaining exhibit] contains information provided by a confidential informant."
Issues: Exemption 7(D) - Confidential sources, Public domain
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2014-02-181MOTION for Leave to Proceed in forma pauperis filed by Plaintiff Jose Rodriguez. (Attachments: # 1 Civil Cover Sheet, # 2 Complaint, # 3 Exhibits) (sr1) (Entered: 02/19/2014)
2014-02-242ORDER granting 1 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Mark R. Abel on 02/24/2014. (sr) (Entered: 02/24/2014)
2014-02-243COMPLAINT filed by Jose Rodriguez against U.S. Dept. of Justice Drug Enforcement Administration FOI Records Management. (Attachments: # 1 Exhibits) (sr) (Entered: 02/24/2014)
2014-02-244Summons Issued as to U.S. Dept. of Justice Drug Enforcement Administration FOI Records Management. (sr) (Entered: 02/24/2014)
2014-03-125Summons Issued as to Katherine L. Myrick U.S. Dept. of Justice Drug Enforcement Administration FOI Records Management. (sr1) (Entered: 03/12/2014)
2014-03-276ANSWER to 3 Complaint filed by U.S. Dept. of Justice Drug Enforcement Administration FOI Records Management. (Sanders, Deborah) (Entered: 03/27/2014)
2014-03-287SCHEDULING ORDER: Any motion to dismiss for lack of personal jurisdiction or subject matter jurisdiction must be filed on or before June 15, 2014. Discovery due by 12/19/2014. Case-dispositive Motions due by 1/30/2015.. Signed by Magistrate Judge Mark R. Abel on 3/28/2014. (Abel, Mark) (Entered: 03/28/2014)
2014-03-28Set/Reset Columbus PPTO Deadlines: Discovery due by 12/19/2014. Dispositive motions due by 1/30/2015. (sr1) (Entered: 03/28/2014)
2014-06-128MOTION to Amend/Correct 7 Scheduling Order, by Defendant U.S. Dept. of Justice Drug Enforcement Administration FOI Records Management. (Sanders, Deborah) (Entered: 06/12/2014)
2014-06-139ORDER granting 8 Motion to Amend Scheduling Order. Motion to Dismiss due by 7/15/2014. Signed by Magistrate Judge Norah McCann King on 6/13/2014. (pes1) (Entered: 06/13/2014)
2014-12-0410MOTION To Submit Confidential Brief and/or Delcaration To The Court filed by Plaintiff Jose Rodriguez. (Attachments: # 1 Delcaration of Jose Rodriguez) (sr1) (Entered: 12/04/2014)
2014-12-0811SCHEDULING ORDER denying 10 Motion To Submit a Confidential Motion and/or Brief To The Court. Signed by Magistrate Judge Mark R. Abel on 12/08/2014.(sr1)(This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 12/08/2014)
2015-01-3012MOTION for Summary Judgment by Defendant U.S. Dept. of Justice Drug Enforcement Administration FOI Records Management. Responses due by 2/23/2015 (Attachments: # 1 Exhibit A) (Sanders, Deborah) (Entered: 01/30/2015)
2015-02-0613MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Summary Judgment filed by Plaintiff Jose Rodriguez. (sr1) (Entered: 02/06/2015)
2015-02-0914ORDER granting 13 Motion for Extension of Time to File Response/Reply re 12 MOTION for Summary Judgment. Responses due by 3/16/2015. Signed by Magistrate Judge Mark R. Abel on 02/09/2015. (sr1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 02/09/2015)
2015-03-0215ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Norah McCann King for all further proceedings. Magistrate Judge Mark R. Abel no longer assigned to case. Signed by Chief Judge Edmund A Sargus on 3/2/2015. (mas1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 03/02/2015)
2015-03-1716RESPONSE to 12 MOTION for Summary Judgment and CROSS-MOTION for Summary Judgment filed by Plaintiff Jose Rodriguez. (Attachments: # 1 Exhibits) (agm1) (Entered: 03/17/2015)
2015-03-17One video CD exhibit to 16 RESPONSE to 12 MOTION for Summary Judgment and CROSS-MOTION for Summary Judgment received and manually filed in Clerk's Office. (agm1) (Entered: 03/17/2015)
2015-03-1717Declaration in support of 16 RESPONSE to 12 MOTION for Summary Judgment and CROSS-MOTION for Summary Judgment filed by Plaintiff Jose Rodriguez. (agm1) (Entered: 03/17/2015)
2015-03-3018REPLY to Response to Motion re 16 MOTION for Summary Judgment filed by Defendant U.S. Dept. of Justice Drug Enforcement Administration FOI Records Management. (Sanders, Deborah) (Entered: 03/30/2015)
2015-04-0719RESPONSE in Opposition re 16 MOTION for Summary Judgment filed by Defendant U.S. Dept. of Justice Drug Enforcement Administration FOI Records Management. (Sanders, Deborah) (Entered: 04/07/2015)
2015-04-1720REPLY to 19 Response in Opposition re 16 MOTION for Summary Judgment filed by Plaintiff Jose Rodriguez. (agm) (Entered: 04/17/2015)
2015-05-1821NOTICE of Change of Address filed by Plaintiff Jose Rodriguez (sr) (Entered: 05/18/2015)
2015-06-2922ORDER granting 12 Motion for Summary Judgment; denying 16 Motion for Summary Judgment. Signed by Judge George C. Smith on 6/29/15. (lvw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/29/2015)
2015-06-2923CLERK'S JUDGMENT in favor of U.S. Dept. of Justice Drug Enforcement Administration FOI Records Management against Jose Rodriguez. Signed by Judge George C. Smith on 6/29/15. (lvw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/29/2015)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar