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Case TitleHALL v. U.S. BUREAU OF PRISONS et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01082
Date Filed2014-06-26
Date Closed2015-09-28
JudgeJudge Reggie B. Walton
PlaintiffVIRGIL HALL
Case DescriptionVirgil Hall, a federal prisoner, submitted a FOIA/PA request to the Bureau of Prisons for records indicating who had signed his indictment. His request went unanswered. He then filed suit, claiming several violations of the Privacy Act - failure to provide an accounting of disclosures, and failure to maintain records in an accurate, fair, and complete manner. He also alleged this was intentional on the part of the agency.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. BUREAU OF PRISONS
DefendantU.S. MARSHAL SERVICE
DefendantU.S. ATTORNEY GENERAL OFFICE
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [19]
FOIA Project Annotation: Judge Reggie Walton has ruled that the Bureau of Prisons and EOUSA properly responded to Virgil Hall's FOIA requests by disclosing the two records he requested. Walton also ruled that Hall could not amend his BOP records because they were contained in a system of records exempt from the provisions of the Privacy Act. Hall requested his certified judgment and return with a legible signature by a U.S. Marshal's deputy. BOP provided a copy of the record, but construed Hall's request as one to amend the record to include a legible deputy's signature. Hall also requested a copy of signed original indictment from the District of Utah where he was tried and convicted. EOUSA located the indictment and disclosed it to Hall with the grand jury foreman's signature redacted under Exemption 7(C) (invasion of privacy concerning law enforcement records). Hall argued the agencies failed to identify who had signed the indictment and had failed to authenticate the judgment and return document. Walton noted, however, that "an agency is not obligated under FOIA to provide answers to a requester's questions. Nor must an agency offer explanations of responsive records, and an agency's response need not comport with criminal statutes, rules or procedures. Here, the defendants responded to the plaintiff's FOIA requests by producing copies of the two documents he requested, and they were under no obligation to explain or verify the content of the documents." As to Hall's Privacy Act claim, Walton pointed out that "the plaintiff's Inmate Central File, including his J&C, is maintained in a system of records that is exempt from the amendment, accuracy, and civil remedy provisions of the Privacy Act."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-06-261COMPLAINT against U.S. ATTORNEY GENERAL OFFICE, U.S. BUREAU OF PRISONS, U.S. MARSHAL SERVICE filed by VIRGIL HALL. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 06/30/2014)
2014-06-262MOTION for Leave to Proceed in forma pauperis by VIRGIL HALL (td, ) (Entered: 06/30/2014)
2014-06-263PRISONER ACCOUNT STATEMENT by VIRGIL HALL : (td, ) (Entered: 06/30/2014)
2014-06-264ORDER directing an initial partial filing fee from Prison Account of Virgil Hall and granting plaintiff's application to proceed informa pauperis 2 .. Signed by Judge James E. Boasberg on 6/18/14. (td, ) (Entered: 06/30/2014)
2014-06-26SUMMONS (4) Issued as to U.S. ATTORNEY GENERAL OFFICE, U.S. BUREAU OF PRISONS, U.S. MARSHAL SERVICE, U.S. Attorney (td, ) (Entered: 06/30/2014)
2014-06-265MOTION for Order to Show Cause by VIRGIL HALL (td, ) (Entered: 06/30/2014)
2014-07-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/15/14. (td, ) (Entered: 07/16/2014)
2014-07-317RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. BUREAU OF PRISONS served on 7/25/2014; U.S. MARSHAL SERVICE served on 7/22/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/25/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 8/24/2014.) (rdj) (Entered: 08/01/2014)
2014-08-218MOTION for Extension of Time to File Dispositive Motion by U.S. ATTORNEY GENERAL OFFICE, U.S. BUREAU OF PRISONS, U.S. MARSHAL SERVICE (Shy, Dionne) (Entered: 08/21/2014)
2014-08-299NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. ATTORNEY GENERAL OFFICE, U.S. BUREAU OF PRISONS, U.S. MARSHAL SERVICE. Attorney Dionne S. Shy terminated. (Shy, Dionne) (Entered: 08/29/2014)
2014-09-02MINUTE ORDER: It is hereby ordered that the plaintiff's motion to show cause 5 is denied. The Clerk of Court has issued summonses and service has been effected on the defendant. It is further ordered that the defendant's motion for an extension of time 8 is granted. The defendant's dispositive motion is due by September 25, 2014. Signed by Judge Reggie B. Walton on 9/2/14. (ms, ) (Entered: 09/02/2014)
2014-09-1210NOTICE of Appearance by Jodi T. George on behalf of U.S. ATTORNEY GENERAL OFFICE (George, Jodi) (Entered: 09/12/2014)
2014-09-1211ERRATA notice of appearance by U.S. ATTORNEY GENERAL OFFICE 10 Notice of Appearance filed by U.S. ATTORNEY GENERAL OFFICE. (George, Jodi) (Entered: 09/12/2014)
2014-09-1612MOTION for Extension of Time to file dispositive motion by U.S. ATTORNEY GENERAL OFFICE (George, Jodi) (Entered: 09/16/2014)
2014-10-17MINUTE ORDER: Defendants' 12 Motion for Extension of Time is granted nunc pro tunc, and the dispositive motion is due by October 27, 2014. Signed by Judge Reggie B. Walton on 10/17/14. (ms, ) (Entered: 10/17/2014)
2014-10-2713MOTION for Summary Judgment by U.S. ATTORNEY GENERAL OFFICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Donna Johnson, # 4 Declaration William Bordley, # 5 Declaration Tricia Francis, # 6 Declaration Paul Kohler)(George, Jodi) (Entered: 10/27/2014)
2014-10-2814Order advising plaintiff to respond by 12/1/2014 to the defendants' 13 MOTION for Summary Judgment, or the Court may treat the motion as conceded. Signed by Judge Reggie B. Walton on 10/28/14. (ms, ) (Entered: 10/28/2014)
2014-10-28Set/Reset Deadlines: Response due by 12/1/2014 (mpt, ) (Entered: 10/28/2014)
2014-11-1015RESPONSE TO ORDER OF THE COURT re 14 Fox/Neal Order filed by VIRGIL HALL. (td, ) (Entered: 11/13/2014)
2014-11-2416MOTION for Extension of Time to File Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment by U.S. ATTORNEY GENERAL OFFICE (George, Jodi) (Entered: 11/24/2014)
2014-11-26MINUTE ORDER: Defendants' 16 Motion for Extension of Time is granted, and their Reply is due by December 22, 2014. Signed by Judge Reggie B. Walton on 11/26/14. (ms, ) (Entered: 11/26/2014)
2014-11-26Set/Reset Deadline: Defendants' reply is due by 12/22/2014. (ad) (Entered: 11/26/2014)
2014-12-1017MOTION for supplemental pleading by VIRGIL HALL (td, ) (Entered: 12/11/2014)
2014-12-1618REPLY to opposition to motion re 13 MOTION for Order for supplemental pleading and Plaintiff's Opposition to Defendants' Motion for Summary Judgment filed by U.S. ATTORNEY GENERAL OFFICE. (George, Jodi) Modified linkage on 12/17/2014 (td, ). (Entered: 12/16/2014)
2015-09-2519MEMORANDUM AND OPINION. Signed by Judge Reggie B. Walton on 9/25/15. (ms) (Entered: 09/25/2015)
2015-09-2520ORDER granting 13 defendants' Motion for Summary Judgment; granting 17 plaintiff's unopposed Motion for Order. This is a final appealable Order. Signed by Judge Reggie B. Walton on 9/25/15. (ms) (Entered: 09/25/2015)
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