Case Detail

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that the FBI conducted an adequate search for records concerning Guy Westmoreland and that it properly withheld records under Exemption 3 (other statutes), Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7(D) (confidential sources), and Exemption 7(E) (investigative methods and techniques). Westmoreland started filing FOIA requests in 1999 for records related to an interview of Westmoreland conducted in January 1998 by FBI special agent Kale Jackson. Westmoreland submitted several more requests over the next decade and filed suit in 2013. The FBI ultimately reviewed 558 pages and disclosed 475 pages to Westmoreland, claiming various exemptions. While Westmoreland was dissatisfied with the fact that the agency had not produced records on his interview, Kollar-Kotelly noted that "the adequacy of an agency's search is not determined by its results of the requester's level of satisfaction with its results." The FBI had withheld records under Exemption 3, citing Federal Rule of Procedure 6(e) on grand jury secrecy as encompassing grand jury subpoenas. Kollar-Kotelly observed that "neither plaintiff's opposition nor his supplemental memorandum mentions Exemption 3. It is clear that information of this nature falls within the scope of Exemption 3, and the FBI's determination is proper." Kollar-Kotelly approved the agency's claim of Exemption 7(D), pointing out that Westmoreland's conviction included charges of illicit drug trafficking and murder, providing a clear basis for implying assurances of confidentiality to witnesses. She affirmed the agency's use of Exemption 7(E) as well, noting that "the FBI adequately justifies its decision to redact the rating information as set forth in Form FD-515, as well as information derived from non-public law enforcement databases." concerning Guy Westmoreland and that it properly withheld records under Exemption 3 (other statutes), Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7(D) (confidential sources), and Exemption 7(E) (investigative methods and techniques). Westmoreland started filing FOIA requests in 1999 for records related to an interview of Westmoreland conducted in January 1998 by FBI special agent Kale Jackson. Westmoreland submitted several more requests over the next decade and filed suit in 2013. The FBI ultimately reviewed 558 pages and disclosed 475 pages to Westmoreland, claiming various exemptions. While Westmoreland was dissatisfied with the fact that the agency had not produced records on his interview, Kollar-Kotelly noted that "the adequacy of an agency's search is not determined by its results of the requester's level of satisfaction with its results." The FBI had withheld records under Exemption 3, citing Federal Rule of Procedure 6(e) on grand jury secrecy as encompassing grand jury subpoenas. Kollar-Kotelly observed that "neither plaintiff's opposition nor his supplemental memorandum mentions Exemption 3. It is clear that information of this nature falls within the scope of Exemption 3, and the FBI's determination is proper." Kollar-Kotelly approved the agency's claim of Exemption 7(D), pointing out that Westmoreland's conviction included charges of illicit drug trafficking and murder, providing a clear basis for implying assurances of confidentiality to witnesses. She affirmed the agency's use of Exemption 7(E) as well, noting that "the FBI adequately justifies its decision to redact the rating information as set forth in Form FD-515, as well as information derived from non-public law enforcement databases."
Issues: Adequacy - Search, Exemption 3 - Statutory prohibition of disclosure, Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 7(D) - Confidential sources, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2013-12-26	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION (Filing fee $ 0.00) filed by GUY J. WESTMORELAND. (Attachments: # 1 Civil Cover Sheet)(rc) (Entered: 12/31/2013)
2013-12-26	2	MOTION for Leave to Proceed in forma pauperis by GUY J. WESTMORELAND. (rc) (Entered: 12/31/2013)
2013-12-26	3	PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Signed by Judge Emmet G. Sullivan on 12/16/2013. (rc) (Entered: 12/31/2013)
2014-01-13	4	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by GUY J. WESTMORELAND (md, ) (Entered: 01/16/2014)
2014-01-13	5	MOTION for Extension of Time to File a Declaration of/in forma pauperis and/ora motion to proceed under in forma pauperis status and the account read out of plaintiff by GUY J. WESTMORELAND. (md, ) (Entered: 01/31/2014)
2014-01-30	6	ORDERED that the plaintiff's motion for an enlargement of time [Dkt. # 5] is GRANTED. Within 30 days from the filing date of this Order, the plaintiff shall submit the requested information or, as previously advised, risk dismissal of the case. Signed by Judge Reggie B. Walton on 1/27/2014. (md, ) (Entered: 01/31/2014)
2014-02-05	7	ORDERED that Plaintiff's application 2 to proceed in forma pauperis is GRANTED, except to the extent that Plaintiff is required to make the payments set forth above. SO ORDERED. Signed by Judge Reggie B. Walton on 1/31/2014. (md, ) (Entered: 02/06/2014)
2014-02-10	8	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by GUY J. WESTMORELAND (md, ) (Entered: 02/12/2014)
2014-04-25		Case Reassigned to Judge Colleen Kollar-Kotelly. Unassigned no longer assigned to the case. (md, ) (Entered: 04/25/2014)
2014-04-25	9	ORDER Establishing Procedures for Filing for Cases Assigned to Judge Colleen Kollar-Kotelly, signed on April 25, 2014. (SM) (Entered: 04/25/2014)
2014-04-28		SUMMONS (3) ISSUED as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General for the District of Columbia. (md, ) (Entered: 04/28/2014)
2014-06-19	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/13/14. (td, ) (Entered: 06/19/2014)
2014-06-24	11	NOTICE of Appearance by Timothy E. Broomhead on behalf of FEDERAL BUREAU OF INVESTIGATION (Broomhead, Timothy) (Entered: 06/24/2014)
2014-06-25	12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/20/2014. Answer due for ALL FEDERAL DEFENDANTS by 7/20/2014. (td, ) (Entered: 06/26/2014)
2014-07-15	13	MOTION for Extension of Time to Respond to Plaintiff's Complaint by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Broomhead, Timothy) (Entered: 07/15/2014)
2014-07-21		MINUTE ORDER: Defendant's 13 Motion for Extension of Time is granted, and its dispositive motion is due by September 18, 2014. No further extensions of time will be granted absent extraordinary circumstances. Signed by Judge Colleen Kollar-Kotelly on 7/21/14. (ms, ) (Entered: 07/21/2014)
2014-07-21		Set/Reset Deadlines: Dispositive Motion due by 9/18/2014. (dot) (Entered: 07/22/2014)
2014-08-04	14	NOTICE of transition by GUY J. WESTMORELAND (td, ) (Entered: 08/07/2014)
2014-09-05	15	NOTICE OF SUBSTITUTION OF COUNSEL by Laura Emily Jennings on behalf of FEDERAL BUREAU OF INVESTIGATION Substituting for attorney Timothy Broomhead (Jennings, Laura) (Entered: 09/05/2014)
2014-09-15	16	MOTION to Stay by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Declaration)(Jennings, Laura) (Entered: 09/15/2014)
2014-09-19	17	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 9/8/2014 (td, ) (Entered: 09/25/2014)
2014-09-23		MINUTE ORDER: It is hereby ordered that defendant's 16 Motion to Stay is denied, and that its motion for an enlargement of time is granted. Defendant shall file periodic reports at 60-day intervals as to the status of its response to plaintiff's FOIA request(s) and shall file its dispositive motion by January 6, 2015. Signed by Judge Colleen Kollar-Kotelly on 9/23/14. (ms, ) (Entered: 09/23/2014)
2014-09-23		Set/Reset Deadlines: Dispositive Motions due by 1/6/2015. (dot ) (Entered: 09/25/2014)
2014-10-01	18	RESPONSE re 16 MOTION to Stay filed by GUY J. WESTMORELAND; ("Leave to file Granted" by Judge C. Kollar-Kotelly) (td, ) (Entered: 10/02/2014)
2014-10-09	19	Mail Returned as undeliverable. sent to Guy J. Westmoreland; Type of Document Returned: Minute Order dated 9/23/2014; Resent at new address: USP Leavenworth; U.S. PENITENTIARY; P.O. Box 1000; Leavenworth, KS 66048. (dot ) (Entered: 10/09/2014)
2014-10-28	20	Mail Returned as undeliverable. sent to Guy J. Westmoreland; Type of Document Returned: Minute Order dated 9/23/2014; Resent at new address: USP Leavenworth, U.S. Penitentiary, P.O. Box 1000, Leavenworth, KS 66048. (dot ) (Entered: 10/28/2014)
2014-11-24	21	STATUS REPORT filed by FEDERAL BUREAU OF INVESTIGATION. (Jennings, Laura) (Entered: 11/24/2014)
2015-01-06	22	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Statement of Facts, # 5 Text of Proposed Order)(Jennings, Laura) (Entered: 01/06/2015)
2015-01-07	23	NOTICE of Filing by FEDERAL BUREAU OF INVESTIGATION re 22 MOTION for Summary Judgment (Attachments: # 1 Declaration)(Jennings, Laura) (Entered: 01/07/2015)
2015-01-07	24	Order advising plaintiff to respond by 2/13/2015 to defendant's 22 MOTION for Summary Judgment, or the Court may treat the motion as conceded. Signed by Judge Colleen Kollar-Kotelly on 1/7/15. (ms, ) (Entered: 01/07/2015)
2015-01-07		Set/Reset Deadlines: Plaintiff's opposition or other response due by 2/13/2015. (dot ) (Entered: 01/08/2015)
2015-01-22	25	MOTION for Extension of Time by GUY J. WESTMORELAND; ("Leave to file GRANTED" by Judge Colleen Kollar-Kotelly) (td, ) (Entered: 01/23/2015)
2015-01-22	26	MOTION to Compel Discovery by GUY J. WESTMORELAND; ("Leave to file GRANTED" by Judge Colleen Kollar-Kotelly) (td, ) (Entered: 01/23/2015)
2015-01-26	27	Memorandum in opposition to re 26 MOTION to Compel discovery filed by FEDERAL BUREAU OF INVESTIGATION. (Jennings, Laura) (Entered: 01/26/2015)
2015-01-26	28	CERTIFICATE OF SERVICE by FEDERAL BUREAU OF INVESTIGATION re 27 Memorandum in Opposition to plaintiff's motion to compel discovery . (Jennings, Laura) (Entered: 01/26/2015)
2015-01-27	29	Mail Returned as undeliverable. sent to Guy J. Westmoreland; Type of Document Returned: Order 24 dated 1/7/2015; Resent at new address: USP Levenworth, U.S. Penitentiary, P.O. Box 1000, Leavenworth, KS 66048. (dot ) (Entered: 01/27/2015)
2015-01-29	33	Memorandum in opposition to re 22 MOTION for Summary Judgment filed by GUY J. WESTMORELAND. (td, ) (Entered: 02/04/2015)
2015-02-02	30	ORDER:The Clerk of Court shall docket plaintiff's Ex Parte Motion for Appointment of Counsel and Plaintiff's Motion for Extension of Time to Respond to the Defendant's Motion for Summary Judgment. Plaintiff's Motion for Extension of Time, in Lieu of Discovery Materials Deadline, Due to Incomplete Record and FOIA Requests 25 , Motion to Compel Discovery 26 and Ex Parte Motion for Appointment of Counsel are DENIED. Plaintiff's Motion for Extension of Time to Respond to the Defendant's Motion for Summary Judgment is GRANTED, Response to Motion for Summary Judgment due by 3/13/2015. No further extensions of time will be granted absent extraordinary circumstances. Signed by Judge Colleen Kollar-Kotelly on 2/2/15. (dot ) (Entered: 02/02/2015)
2015-02-02	31	MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment by GUY J. WESTMORELAND; ("Leave to file GRANTED" by Judge Colleen Kollar-Kotelly) (td, ) (Entered: 02/03/2015)
2015-02-02	32	Ex Parte MOTION to Appoint Counsel by GUY J. WESTMORELAND; ("Leave to file GRANTED" by Judge Colleen Kollar-Kotelly) (td, ) (Entered: 02/03/2015)
2015-02-09	34	REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Jennings, Laura) (Entered: 02/09/2015)
2015-03-03	35	NOTICE OF SUBSTITUTION OF COUNSEL by Fred Elmore Haynes on behalf of FEDERAL BUREAU OF INVESTIGATION Substituting for attorney Laura E. Jennings (Haynes, Fred) (Entered: 03/03/2015)
2015-03-20	36	SUPPLEMENTAL MEMORANDUM to re 22 MOTION for Summary Judgment filed by GUY J. WESTMORELAND; ("Leave to file GRANTED" by Judge Colleen Kollar-Kotelly) (td, ) (Entered: 03/23/2015)
2015-08-26	37	MEMORANDUM AND OPINION. Signed by Judge Colleen Kollar-Kotelly on 8/25/15. (ms) (Entered: 08/26/2015)
2015-08-26	38	ORDER granting 22 defendant's Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Colleen Kollar-Kotelly on 8/25/15. (ms) (Entered: 08/26/2015)
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