Case Detail

FOIA Project Annotation: A federal court in Indiana has ruled that the Bureau of Prisons properly withheld records under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques) concerning Marvin Gabrion's time as an inmate at the federal prison in Terre Haute. Gabrion's counsel requested his files and BOP located nearly 5,000 pages of responsive records, redacting third-party personal information. Gabrion argued that because the records were included in his Central File, they must relate to him for purposes of Privacy Act disclosure. But the court agreed with the agency that the privacy interests of third parties outweighed any interest Gabrion might have in disclosure. One group of records concerned correspondence between BOP and third-party non-inmates. Gambrion argued the records dealt with individuals who wanted to contact him. But the court found that "the correspondence was related to the third parties' concerns regarding Gabrion's communication and visition. Moreover, the Defendants argue that, even if names and addresses were redacted, Gabrion would be able to tell the identities of those parties." The court found several categories of documents protected by Exemption 7(E). The court noted that "disclosure of classification and monitoring techniques could allow inmates to use the information in a way that could threaten the safety of guards and other prisoners." BOP withheld a video recording under Exemption 7(F) (harm to person). Gabrion argued the video recording included his attorney, but the agency explained that "the video reveals the BOP's ability to monitor the visiting rooms, including camera placement and blind spots." The court sided with the agency, observing that "disclosure of the video would present clear risks to law enforcement officials."
Issues: Exemption 7 - Law enforcement records

Date Filed	Doc #	Docket Text
2015-01-23	1	COMPLAINT against UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE, filed by MARVIN GABRION. (No fee paid with this filing) (Attachments: # 1 Exhibit 1 - Declaration, # 2 Civil Cover Sheet, # 3 Proposed Summons)(Graham, Scott) Modified on 12/29/2015 (RSF). (Entered: 01/23/2015)
2015-01-23	2	MOTION for Leave to Proceed in forma pauperis , filed by Plaintiff MARVIN GABRION. (Attachments: # 1 Proposed Order)(Graham, Scott) (Entered: 01/23/2015)
2015-01-23	3	NOTICE of Appearance by Scott Graham on behalf of Plaintiff MARVIN GABRION. (Graham, Scott) (Entered: 01/23/2015)
2015-01-26	4	MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AH) (Entered: 01/26/2015)
2015-01-26	5	Submission of Signature Requirement re 1 Complaint by MARVIN GABRION. (Attachments: # 1 Exhibit 1 - Declaration, # 2 Civil Cover Sheet, # 3 Proposed Summons)(Graham, Scott) (Entered: 01/26/2015)
2015-01-26	6	Submission of Signature Requirement re 2 MOTION for Leave to Proceed in forma pauperis by MARVIN GABRION. (Attachments: # 1 Proposed Order)(Graham, Scott) (Entered: 01/26/2015)
2015-01-27	7	ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The clerk is directed to issue summons to the defendants and to other officials designated pursuant to Fed. R. Civ. P. 4(i)(2). The Marshal for this District is directed to serve the summons and complaint, with a copy of this Entry, at the expense of the United States. Copies sent pursuant to distribution list. Signed by Judge William T. Lawrence on 1/27/2015. (AH) (Entered: 01/27/2015)
2015-01-27	8	Summons Issued as to USA - UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE via USM (Form 285) (AH) (Entered: 01/27/2015)
2015-01-29	9	AMENDED Summons Issued as to USA - UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE via USM (Form 285) (AH) (Entered: 01/29/2015)
2015-02-02	10	NOTICE of Appearance by Joseph Martin Cleary on behalf of Plaintiff MARVIN GABRION. (Cleary, Joseph) (Entered: 02/02/2015)
2015-02-04	11	RETURN of USM Service by MARVIN GABRION. UNITED STATES BUREAU OF PRISONS served on 2/3/2015; UNITED STATES DEPARTMENT OF JUSTICE served on 2/3/2015. Both served c/o Office of US Attorney. (AH) (Entered: 02/04/2015)
2015-02-17	12	MOTION for Preliminary Injunction Expedited Consideration Requested , filed by Plaintiff MARVIN GABRION. (Attachments: # 1 Exhibit 1 - Declaration, # 2 Proposed Order)(Graham, Scott) (Entered: 02/17/2015)
2015-02-19	13	RETURN of USM Service UNITED STATES BUREAU OF PRISONS served on 2/11/2015; UNITED STATES DEPARTMENT OF JUSTICE served on 2/11/2015. Both served c/o US Department of Justice. (AH) (Entered: 02/20/2015)
2015-02-20	14	NOTICE of Appearance by Gina M. Venturelli on behalf of Defendants UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Venturelli, Gina) (Entered: 02/20/2015)
2015-02-20	15	NOTICE of Appearance by Jill Z. Julian on behalf of Defendants UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Julian, Jill) (Entered: 02/20/2015)
2015-03-05	16	Unopposed MOTION for Extension of Time to April 20, 2015 to Respond to Plaintiff's Complaint , Unopposed MOTION for Preliminary Injunction , filed by Defendants UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Venturelli, Gina) (Entered: 03/05/2015)
2015-03-17	17	SCHEDULING ORDER: Status Conference set for 3/23/2015 at 03:30 PM in Telephonic before Magistrate Judge William G. Hussmann Jr. Signed by Magistrate Judge William G. Hussmann, Jr on 3/17/2015. (AH) (Entered: 03/17/2015)
2015-03-30	19	MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr: Telephonic Status Conference held on 3/23/2015. Plaintiff was represented by counsel, Joseph Martin Cleary. Defendants were represented by counsel, Gina M. Venturelli. The parties reported that they are making progress towards a resolution of this matter and there is no need to set a hearing on the Motion for Preliminary Injunction. The parties are DIRECTED to report to the Court whether there are remaining unresolved issues by April 15, 2015. Telephonic Status Conference set for 4/30/2015 01:30 PM before Magistrate Judge William G. Hussmann Jr. Signed by Magistrate Judge William G. Hussmann, Jr. (RSF) (Entered: 03/30/2015)
2015-04-14	21	STATUS REPORT Joint by UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Venturelli, Gina) (Entered: 04/14/2015)
2015-04-14	22	Joint MOTION to Stay All Deadlines , filed by Defendants UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Venturelli, Gina) (Entered: 04/14/2015)
2015-04-27	23	ORDER granting 22 Motion to Stay Deadlines. IT IS THEREFORE ORDERED that all deadlines currently pending in this matter are STAYED until further order of this Court. Signed by Magistrate Judge William G. Hussmann, Jr on 4/27/2015. (AH) (Entered: 04/27/2015)
2015-04-30	24	SCHEDULING ORDER - Telephonic Status Conference reset for 7/31/2015 at 1:30 PM before Magistrate Judge William G. Hussmann Jr. The information needed for counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge William G. Hussmann, Jr on 4/30/2015.(RSF) (Entered: 04/30/2015)
2015-06-24	26	NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Gina M. Shields hereby notifies the Clerk of the court of changed contact information. (Shields, Gina) (Entered: 06/24/2015)
2015-08-07	27	MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr: Telephonic Status Conference held on 7/31/2015. Defendants will provide a Vaughn Index on or before September 1, 2015. Defendants will serve their response on or before October 1, 2015. Telephonic Status Conference set for 10/13/2015 at 11:00 AM, Terre Haute time (EST) before Magistrate Judge William G. Hussmann Jr. Signed by Magistrate Judge William G. Hussmann, Jr. (TMB) (Entered: 08/07/2015)
2015-08-26	29	ORDER denying as moot 12 Motion for Preliminary Injunction without prejudice to refile if it should become necessary to do so. Signed by Judge William T. Lawrence on 8/26/2015. (AH) (Entered: 08/26/2015)
2015-10-05	30	NOTICE and ORDER - On the Court's own motion, due to a conflict on the Magistrate Judge's calendar, the TELEPHONIC STATUS CONFERENCE set on October 13, 2015, at 11:00 a.m., is hereby RESCHEDULED for FRIDAY, OCTOBER 16, 2015, at 9:15 a.m., Terre Haute time (EDT), before the Magistrate Judge. The same call-in information shall apply to this rescheduled conference. Signed by Magistrate Judge William G. Hussmann, Jr., on 10/5/2015.(NRN) (Entered: 10/05/2015)
2015-10-20	31	Submission (Joint) of Proposed Scheduling Order , filed by Defendants UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Shields, Gina) Modified on 10/21/2015 (RSF). (Entered: 10/20/2015)
2015-10-23	32	SCHEDULING ORDER - Based on the report of the parties during the status conference on October 16, 2015, that STAY is now LIFTED. Defendants, United States Department of Justice and the Federal Bureau of Prisons, will file their Answer to Plaintiff Marvin Gabrion's ("Gabrion") Complaint on or before October 30, 2015. The parties will file a Joint Stipulation setting forth the remaining documents still at issue on or before November 13, 2015. Gabrion will file his motion for summary judgment, and a supporting brief not exceeding 35 pages, on or before December 28, 2015. Defendants will file their cross motion for summary judgment, and a combined supporting brief and response to Gabrion's motion for summary judgment, not exceeding 45 pages, within 45 days after Gabrion's motion for summary judgment is filed. **SEE ORDER** Signed by Magistrate Judge William G. Hussmann, Jr., on 10/23/2015.(NRN) (Entered: 10/23/2015)
2015-10-28	33	MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr: Telephonic Status Conference held on 10/16/2015. The parties have agreed that the stay of the deadlines in this matter should be lifted and that stay has now been lifted by separate order. Defendants shall file their answer within fourteen (14) days of the date of this Entry. The Parties should file their proposed scheduling order within ten (10) days of the date of this entry. Telephonic Settlement Conference set for 12/8/2015 at 04:00 PM, Terre Haute time (EST) before Magistrate Judge William G. Hussmann Jr. Signed by Magistrate Judge William G. Hussmann, Jr. (TMB) Modified on 12/3/2015 (NRN). (Entered: 10/28/2015)
2015-10-29	35	ANSWER to 1 Complaint and Affirmative Defenses , filed by UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE.(Shields, Gina) (Entered: 10/29/2015)
2015-11-12	36	STIPULATION (Joint) of Remaining Materials at Issue , filed by Defendants UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Vaughn Index)(Shields, Gina) (Entered: 11/12/2015)
2015-12-18	37	MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr: Telephonic Settlement Conference held on 12/8/2015. The parties continue to discuss potential reduction of those items in dispute upon the Vaughn Index. The Scheduling Order entered October 23, 2015 (Dkt. 32) remains in effect. Telephonic Status Conference set for 6/3/2016 at 09:30 AM before the Magistrate Judge. The purpose of this conference is to determine whether any further settlement discussions can occur, and determine whether there is a likely need for any evidentiary hearing in this case. Signed by Magistrate Judge William G. Hussmann, Jr. (TMB) (Entered: 12/18/2015)
2015-12-28	39	MOTION for Summary Judgment , filed by Plaintiff MARVIN GABRION. (Graham, Scott) (Entered: 12/28/2015)
2015-12-28	40	BRIEF/MEMORANDUM in Support re 39 MOTION for Summary Judgment , filed by Plaintiff MARVIN GABRION. (Attachments: # 1 Exhibit 1 - Declaration, # 2 Exhibit 2 - Vaughn Index)(Graham, Scott) Modified on 12/28/2015 - sealed exhibit 1 due to PDIs(RSF). (Entered: 12/28/2015)
2015-12-30	41	MOTION to Maintain Document Under Seal 40 Brief/Memorandum in Support of Motion , filed by Plaintiff MARVIN GABRION. (Attachments: # 1 Proposed Order)(Graham, Scott) (Entered: 12/30/2015)
2015-12-30	42	REDACTED EXHIBIT 1 re 40 Brief/Memorandum in Support of Motion Exhibit 1 - Declaration - Plaintiff's Brief in Support of Motion for Summary Judgment by MARVIN GABRION. (Graham, Scott) Modified on 12/31/2015 - edit to docket text (RSF). (Entered: 12/30/2015)
2016-01-04	43	ORDER granting 41 Motion to Seal Exhibit 1 (ONLY) to Document 40 Brief/Memorandum in Support of Motion. Signed by Magistrate Judge William G. Hussmann, Jr on 1/4/2016. (TMB) (Entered: 01/04/2016)
2016-02-01	44	Reassignment of Case to Magistrate Judge Denise K. LaRue. Magistrate Judge William G. Hussmann, Jr., is no longer assigned to the case. Please include the new case number (2:15-cv-00024-WTL-DKL), which includes the initials of the newly assigned judge, on all future filings in this matter. (GSO) (Entered: 02/01/2016)
2016-02-05	45	RETURN of USM Service sent on behalf of Plaintiff MARVIN GABRION. Defendant UNITED STATES BUREAU OF PRISONS served on 2/4/2016. (GSO) (Entered: 02/08/2016)
2016-02-11	46	Cross MOTION for Summary Judgment , filed by Defendants UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Christenson Declaration)(Shields, Gina) (Entered: 02/11/2016)
2016-02-11	47	BRIEF/MEMORANDUM in Support re 46 Cross MOTION for Summary Judgment , filed by Defendants UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Shields, Gina) (Entered: 02/11/2016)
2016-02-11	48	ORDER RESETTING TELEPHONIC STATUS CONFERENCE - In light of the reassignment of the matter to Magistrate Judge Denise K. LaRue, the telephonic status conference set for June 3, 2016 is vacated and reset for MONDAY, JUNE 6, 2016, AT 9:30 A.M., EASTERN. Counsel will receive call-in information via separate email notification. Signed by Magistrate Judge Denise K. LaRue on 2/11/2016. (GSO) (Entered: 02/11/2016)
2016-03-14	49	RESPONSE in Opposition re 46 Cross MOTION for Summary Judgment , filed by Plaintiff MARVIN GABRION. (Graham, Scott) (Entered: 03/14/2016)
2016-04-11	50	REPLY in Support of Motion re 46 Cross MOTION for Summary Judgment , filed by Defendants UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Shields, Gina) (Entered: 04/11/2016)
2016-06-06	52	MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Status Conference held on 6/6/2016 - Parties discussed case status, discovery, and the pending motions for summary judgment. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (REO) (Entered: 06/06/2016)
2016-09-21	53	ENTRY ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT - This cause is before the Court on the parties' cross-motions for summary judgment. The motions are fully briefed, and the Court, being duly advised, GRANTS the Defendants' Motion (Dkt. No. 46 ) and DENIES the Plaintiff's motion (Dkt. No. 39 ) for the reasons set forth below. The Court finds that the BOP properly withheld all of the groups that remain in dispute. In camera review is not required, as the Defendants have provided sufficient detail as to each Group to allow the Court to rule without reviewing the documents. (See Order.) Signed by Judge William T. Lawrence on 9/21/2016. (BRR) (Entered: 09/21/2016)
2016-09-21	54	CLOSED JUDGMENT - JUDGMENT - The Court having granted the Defendants' motion for summary judgment, judgment is hereby ENTERED in favor of the Defendants and against the Plaintiff on all claims in the Plaintiff's Complaint. Signed by Judge William T. Lawrence on 9/21/2016.(BRR) (Entered: 09/21/2016)
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