Case Detail

FOIA Project Annotation: A federal court in Montana has ruled that the Air Force properly withheld classified information contained in a counterintelligence note under Exemption 1 (national security) and that Kenneth Davis' request that the agency's investigation of him on espionage charges be made public is not a cognizable claim under FOIA. Davis filed suit after the Air Force Office of Special Investigations withheld the counterintelligence note under Exemption 1 and Exemption 5 (privileges). But in court he agreed that the note was properly classified and that all he actually wanted was and admission by the agency that its investigation of him had been found to be groundless. Dismissing the case, the court noted that "Davis seeks instead for the Court to enter a finding, as a matter of law, that AFOSI conducted an investigation into the espionage claims against Davis and found the claims groundless. Davis cites no authority in support of his request." The court explained that Davis had cited to two agency documents that seemed to support his claim that the agency had found the charges unsubstantiated. But, the court pointed out that "Davis clearly has access to these documents. Davis may present these documents in his state court lawsuit. The trier of fact in that matter may consider these documents to determine whether the espionage allegations were 'groundless.'"
Issues: Exemption 1 - Properly classified

Date Filed	Doc #	Docket Text
2015-08-14	1	COMPLAINT FOR INJUNCTIVE RELIEF against U.S. Department of the Air Force, filed by Kenneth Russell Davis, Jr. ( Filing fee $ 400 receipt number 0977-1634750.) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet, # 6 Blank Summons) (SLR, ) (Entered: 08/14/2015)
2015-08-14	2	Summons Issued as to U.S. Department of the Air Force. Issued Summons mailed to Counsel Blewett. (SLR, ) (Entered: 08/14/2015)
2015-09-04	3	SUMMONS Returned Executed by Kenneth Russell Davis, Jr. U.S. Department of the Air Force served on 8/31/2015, answer due 10/30/2015. (Blewett, Drew) (Entered: 09/04/2015)
2015-09-28	4	ANSWER to 1 Complaint, by U.S. Department of the Air Force. (Francis, Victoria) (Entered: 09/28/2015)
2015-09-28	5	PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 10/28/2015. Joint Discovery Plan due by 10/28/2015. Statement of Stipulated Facts due by 10/28/2015. Pretrial Conference set for 11/4/2015 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 9/28/2015. (SLL, ) (Entered: 09/28/2015)
2015-10-15	6	Text Order Re-Setting: IT IS HEREBY ORDERED that the Pretrial Conference is RESET for 11/3/2015 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 10/15/2015. (SLL, ) (Entered: 10/15/2015)
2015-10-15	7	Unopposed MOTION to Continue Preliminary Pretrial Deadlines Victoria L. Francis appearing for Defendant U.S. Department of the Air Force (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 10/15/2015)
2015-10-15	8	ORDER GRANTING 7 Unopposed MOTION to Continue Preliminary Pretrial Deadlines filed by U.S. Department of the Air Force.The preliminary pretrial deadlines set in this Courts Order dated September 28, 2015 (Dkt. 5) are extended for a period of 30 days. The Pretrial Conference set for November 3, 2015 is VACATED. The parties shall meet and confer and consider matters related to the Freedom of Information Act scheduling as listed in Fed.R.Civ.P. 26(f), on or before November 12, 2015. On or before November 30, 2015, the parties shall jointly file with the Court a written case management plan setting the date for the filing of a Vaughn index, and proposed briefing schedule on the motions for summary judgment. Signed by Judge Brian Morris on 10/15/2015. (SLL, ) (Entered: 10/15/2015)
2015-11-10		Set Deadlines: Case Management Plan due 11/30/2015. (SLR, ) (Entered: 11/10/2015)
2015-11-30	9	JOINT CASE MANAGEMENT PLAN by U.S. Department of the Air Force. (Francis, Victoria) (Entered: 11/30/2015)
2015-12-16	10	Unopposed MOTION for Extension of Time to File Vaughn Documents and Administrative Record (See Joint Case Management Plan, Doc. 9) Victoria L. Francis appearing for Defendant U.S. Department of the Air Force (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 12/16/2015)
2015-12-17	11	ORDER granting 10 Motion for Extension of Time to File. IT IS HEREBY ORDERED that Defendant's 10 motion for extension is GRANTED. The deadline to file the Vaughn declaration and index and administrative record set forth in the 9 Joint Case Management Plan is extended to December 30, 2015. Signed by Judge Brian Morris on 12/17/2015. (SLL, ) Modified on 12/17/2015 to add language from Order. (SLR, ). (Entered: 12/17/2015)
2015-12-17		Set Deadlines: Vaughn declaration and index and administrative record is due 12/30/15. (SLR, ) (Entered: 12/17/2015)
2015-12-30	12	Unopposed MOTION for Extension of Time to File Vaughn Documents and Administrative Record Victoria L. Francis appearing for Defendant U.S. Department of the Air Force (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 12/30/2015)
2015-12-31	13	Text ORDER granting 12 Motion for Extension of Time to File. IT IS HEREBY ORDERED that Defendants motion for extension to file Vaughn index and administrative record is GRANTED. The deadline to file the Vaughn declaration and index and administrative record is extended to January 15, 2016. Signed by Judge Brian Morris on 12/31/2015. (SLL, ) (Entered: 12/31/2015)
2016-01-14	14	AFFIDAVIT/DECLARATION of Brigadier General Keith M. Givens by U.S. Department of the Air Force. (Attachments: # 1 Exhibit A) (Francis, Victoria) (Entered: 01/14/2016)
2016-01-14	15	AFFIDAVIT/DECLARATION of Captain David D. Mitchell Setting Forth the FOIA Administrative Record by U.S. Department of the Air Force. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Francis, Victoria) (Entered: 01/14/2016)
2016-01-14	16	NOTICE by U.S. Department of the Air Force (Notice of Filing Administrative Record and Vaughn Index) (Francis, Victoria) (Entered: 01/14/2016)
2016-01-26	17	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment Victoria L. Francis appearing for Defendant U.S. Department of the Air Force (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 01/26/2016)
2016-01-26	18	ORDER granting 17 Motion for Extension of Time to File. Signed by Judge Brian Morris on 1/26/2016. (SLL, ) (Entered: 01/26/2016)
2016-01-26		Set Deadlines: Motion for Summary Judgment is extended to 1/29/2016 per Order 18 . (MMS, ) (Entered: 01/26/2016)
2016-01-28	19	MOTION for Summary Judgment Victoria L. Francis appearing for Defendant U.S. Department of the Air Force (Francis, Victoria) (Entered: 01/28/2016)
2016-01-28	20	Brief/Memorandum in Support re 19 MOTION for Summary Judgment filed by U.S. Department of the Air Force. (Francis, Victoria) (Entered: 01/28/2016)
2016-01-28	21	Statement of Undisputed Fact re: 19 MOTION for Summary Judgment . (Francis, Victoria) (Entered: 01/28/2016)
2016-02-04	22	RESPONSE to Motion re 19 MOTION for Summary Judgment filed by Kenneth Russell Davis, Jr. (Blewett, Drew) (Entered: 02/04/2016)
2016-02-04	23	Statement of Disputed Facts re: 19 MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1-DC Complaint, # 2 Exhibit 2-Report) (Blewett, Drew) (Entered: 02/04/2016)
2016-02-08	24	ORDER granting 19 Motion for Summary Judgment. Signed by Judge Brian Morris on 2/8/2016. (SLL, ) (Entered: 02/08/2016)
2016-02-08	25	CLERK'S JUDGMENT: Defendant's Motion for Summary Judgment is GRANTED. (MMS, ) (Entered: 02/08/2016)
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