Case Detail

FOIA Project Annotation: Judge Royce Lamberth has ruled that the Department of the Air Force properly withheld records concerning Staff Sergeant John Broome's hearing before an Administrative Discharge Board at which the anonymous requester testified that Broome had sexually assaulted her under Exemption 6 (invasion of privacy). The Board decided to retain Broome in the Air Force and E.G. requested records pertaining to the Board's proceedings. The Air Force disclosed her testimony, but withheld the rest of the records under Exemption 5 (privileges) and Exemption 6. However, after E.G. appealed, the agency conceded that only Exemption 6 applied. Lamberth noted that the records qualified as personnel records under Exemption 6. He observed that "they are detailed government records about SSgt. Broome that, if released, would be identified as applying to him. The plaintiff is correct that the administrative discharge proceedings mirror the judicial process; however, it is still an administrative process â€" regardless, the records produced focus on SSgt. Broome. While the records likely also relate to individuals other than SSgt. Broome, the standard does not demand the records relate solely to SSgt. Broome." E.G. argued that Broome had posted information about the proceeding on social media. But Lamberth indicated that "it was not Broome, but Broome's friends and family, who posted about the outcome of the proceedings on social media. While more detailed posts may have militated against a finding of Broome retaining a strong privacy interest in the files, the actual posts are not provided and it is unclear what exactly they disclosed." Lamberh concluded that E.G. had provided no evidence that disclosure would further the public interest.
Issues: Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2017-03-09	1	MOTION To Use Pseudonym and Place Case Under Seal by E.G. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(jf) (Entered: 03/10/2017)
2017-03-09	2	ORDER granted-in-part 1 MOTION To Use Pseudonym and Place Case Under Seal; further ordered, plaintiff may proceed under a pseudonym at this time; further ordered, Complaint bearing plaintiff's full name, and the exhibits are sealed. Signed by Judge Colleen Kollar-Kotelly on 03/09/2017. (see order for full detail) (jf) (Entered: 03/10/2017)
2017-03-09	3	COMPLAINT against UNITED STATES DEPARTMENT OF THE AIR FORCE ( Filing fee $ 400, receipt number 4616083464) filed by E.G.. (Attachments: # 1 Exhibit A (redacted), # 2 Civil Cover Sheet, # 3 Exhibit Sealed Complaint, # 4 Exhibit B (sealed)) (jf). (Entered: 03/10/2017)
2017-03-09		SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF THE AIR FORCE, U.S. Attorney and U.S. Attorney General (zrdj) (Entered: 04/05/2017)
2017-03-10	4	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Peter J. Coote, :Firm- Pennoni Associates, Inc., :Address- 3001 Market Street, Suite 200, Philadelphia, PA 19104. Phone No. - 215-254-7857. Fee Status: Fee Paid. receipt number 4616083481 by E.G. (Attachments: # 1 Text of Proposed Order)(zrdj) (Entered: 03/13/2017)
2017-03-20	5	ORDER granting 4 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 3/20/17. (zlsj) (Entered: 03/20/2017)
2017-04-04	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF THE AIR FORCE served on 3/22/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/22/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/22/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 4/21/2017.) (zrdj) (Entered: 04/05/2017)
2017-04-21	7	ANSWER to 3 Complaint, by UNITED STATES DEPARTMENT OF THE AIR FORCE.(Haynes, Fred) (Entered: 04/21/2017)
2017-05-02	8	ORDER directing Defendant to file any dispositive motion within 10 days of the entry of this Order. Signed by Judge Royce C. Lamberth on 5/2/17. (lsj) (Entered: 05/02/2017)
2017-05-11	9	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF THE AIR FORCE (Haynes, Fred) (Entered: 05/11/2017)
2017-05-26	10	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF THE AIR FORCE (Haynes, Fred) (Entered: 05/26/2017)
2017-05-30	11	ORDER granting 9 Motion for Extension of Time to File Defendant's Motion for Summary Judgment. Ordered that Defendant shall have to, and including, May 26, 2017, to files its motion for summary judgment. Signed by Judge Royce C. Lamberth on 5/25/17. (lsj) (Entered: 05/30/2017)
2017-06-07	12	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF THE AIR FORCE (Haynes, Fred) (Entered: 06/07/2017)
2017-06-12	13	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF THE AIR FORCE (Haynes, Fred) (Entered: 06/12/2017)
2017-06-13	14	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF THE AIR FORCE (Attachments: # 1 Exhibit A - Mitchell Declaration, # 2 Exhibit B - Vaught Declaration and Attachment A thereto, # 3 Exhibit B (continued) - Attachments B to D, # 4 Exhibit C - Varela Declaration)(Haynes, Fred) (Entered: 06/13/2017)
2017-06-27	15	Consent MOTION for Extension of Time to File Response/Reply Memorandum of Points and Authorities by E.G. (Coote, Peter) (Entered: 06/27/2017)
2017-06-27	16	ORDER granting nunc pro tunc 13 Motion for Extension of Time to File. Signed by Judge Royce C. Lamberth on 6/25/17. (lsj) (Entered: 06/27/2017)
2017-07-06	17	ORDER granting 15 Motion for Extension of Time to File Response/Reply. Memorandum due by 7/11/2017. Signed by Judge Royce C. Lamberth on 7/6/17. (lsj) (Entered: 07/06/2017)
2017-07-13	18	Consent MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by E.G. (Coote, Peter) (Entered: 07/13/2017)
2017-08-08	19	ORDER granting 18 Motion for Extension of Time to File Response/Reply. Memorandum due by 8/11/2017. Signed by Judge Royce C. Lamberth on 8/7/17. (lsj) (Entered: 08/08/2017)
2017-08-11	20	Memorandum in opposition to re 14 MOTION for Summary Judgment filed by E.G.. (Attachments: # 1 Appendix Air Force Instruction 36-2608, # 2 Appendix Air Force Instruction 51-201, # 3 Statement of Facts, # 4 Exhibit Exhibit B DD Form 2873, # 5 Declaration Declaration of Plaintiff E.G.)(Coote, Peter) (Entered: 08/11/2017)
2017-08-18	21	First MOTION for Extension of Time to File Defendant's Reply Memorandum in Support of Its Motion for Summary Judgment by UNITED STATES DEPARTMENT OF THE AIR FORCE (Haynes, Fred) (Entered: 08/18/2017)
2017-08-25	22	REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF THE AIR FORCE. (Attachments: # 1 Exhibit A - Part of an Air Force Guidance Memorandum)(Haynes, Fred) (Entered: 08/25/2017)
2017-12-20	23	ORDER granting 21 Motion for Extension of Time to File, nunc pro tunc. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)
2018-03-23	24	ORDER granting 14 Motion for Summary Judgment. Signed by Judge Royce C. Lamberth on 3/22/18. (lsj) (Entered: 03/23/2018)
2018-03-23	25	MEMORANDUM OPINION re Order 24 . Signed by Judge Royce C. Lamberth on 3/22/18. (lsj) (Entered: 03/23/2018)
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