Case Detail

FOIA Project Annotation: A federal court in Pennsylvania has ruled that online journalist Dustin Slaughter lacks standing to challenge the denial by the NSA and CIA for records about the agencies' possible surveillance of activists involved in the Occupy Philadelphia movement because the requests were made by Slaughter's attorney, Paul Hetznecker and did not mention Slaughter. The NSA issued a Glomar response neither confirming nor denying the existence of records because any such records would be classified. The CIA declined to process the request because it was not involved in domestic surveillance. The agency suggested Hetznecker submit the request to the FBI instead. Hertznecker appealed both decisions. The NSA did not respond and the CIA affirmed its original refusal to process his request. Slaughter then filed suit in his own name and the government argued he lacked standing. The court agreed, noting that "Slaughter must show that he made a FOIA request and that the agency denied that request. Slaughter, however, never submitted the underlying FOIA requests. Rather, Hetznecker submitted these requests, in his own name, without mentioning Slaughter or explaining that he was submitting these requests on Slaughter's behalf. Because Hetznecker's requests cannot be attributed to Slaughter, Slaughter did not suffer a legally cognizable injury when Defendants denied Hetznecker's FOIA request. Therefore, Slaughter lacks standing to bring this claim and his claims are dismissed." Slaughter argued that he should be allowed to amend his complaint to substitute Hetznecker as the plaintiff. But the court pointed out that "courts have found in FOIA cases that a plaintiff without standing cannot amend the complaint to substitute his attorney when the attorney filed the FOIA claim in his own name."
Issues: Litigation - Jurisdiction - Proper Party

Date Filed	Doc #	Docket Text
2015-09-09	1	COMPLAINT against CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY ( Filing fee $ 400 receipt number PPE127347), filed by DUSTIN SLAUGHTER. (Attachments: # 1 Case Management Track Form, # 2 Designation Form)(jmv, ) (Entered: 09/10/2015)
2015-09-09		Summons Issued as to CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY. Forwarded To: 3 Origs mailed to counsel; 1 to AUSA on 9/10/15 (jmv, ) (Entered: 09/10/2015)
2015-09-09		DEMAND for Trial by Jury by DUSTIN SLAUGHTER. (jmv, ) (Entered: 09/10/2015)
2015-09-15	2	Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (jl, ) (Entered: 09/15/2015)
2015-10-15	3	MOTION to Dismiss for Lack of Jurisdiction filed by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY.Memorandum, Declarations, and Certificate of Service. (Attachments: # 1 Declaration of C. Renee Kuntz, # 2 Declaration of Michael E. Lavergne)(MENTZINGER, RICHARD) (Entered: 10/15/2015)
2015-11-05	4	RESPONSE to Motion re 3 MOTION to Dismiss for Lack of Jurisdiction filed by DUSTIN SLAUGHTER. (Attachments: # 1 Exhibit Docket Sheet)(HETZNECKER, PAUL) (Main Document 4 replaced on 11/6/2015) (fb). (Attachment 1 replaced on 11/6/2015) (fb). Modified on 11/6/2015 (fb). (Entered: 11/05/2015)
2015-11-10	5	MOTION for Leave to File Reply Brief filed by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY.Memorandum and Certificate of Service. (Attachments: # 1 Defendants' Reply Brief)(MENTZINGER, RICHARD) (Entered: 11/10/2015)
2015-11-12	6	ORDER THAT DEFTS' MOTION FOR LEAVE TO FILE REPLY BRIEF IS GRANTED FOR THE REASONS SET FORTH IN DEFTS' MEMORANDUM OF LAW. THE CLERK OF COURT SHALL DOCKET DEFT'S REPLY BRIEF, WHICH IS ATTACHED AS EXHIBIT 1 TO THIS MOTION. SIGNED BY HONORABLE BERLE M. SCHILLER ON 11/12/15.11/12/15 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 11/12/2015)
2015-11-12	7	Reply Brief, Certificate of Service, filed by DEFTS CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY. (kw, ) (Entered: 11/12/2015)
2015-11-16	8	MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE BERLE M. SCHILLER ON 11/16/15. 11/16/15 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 11/16/2015)
2015-11-16	9	MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. 5) IS GRANTED. THE COMPLAINT IS DISMISSED WITH PREJUDICE. PLAINTIFFS MOTION FOR LEAVE TO AMEND THE COMPLAINT (DOC. 6) IS DENIED. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE BERLE M. SCHILLER ON 11/16/15. 11/16/15 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 11/16/2015)
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