Case Detail

FOIA Project Annotation: A federal court in Tennessee has ruled that individuals at the EEOC named as defendants in pro se litigant Rodney Harper's FOIA suit should be dismissed because FOIA provides a cause of action only against agencies, not individuals. Harper submitted a FOIA request to the EEOC for records about his complaint. When the agency failed to respond, Harper filed suit, naming several employees at the EEOC as defendants. The court agreed with the magistrate judge that individual agency employees should be dismissed. The court noted that "FOIA requires an 'agency' to 'make available to the public' specific kinds of information. FOIA defines an 'agency' as 'each authority of the Government of the United States, whether or not it is within or subject to review by another agency,' subject to limited exceptions. An individual employee of an 'agency' is not the 'agency' itself." Harper wanted to add the chair of the EEOC to his complaint and also add a count under the First Amendment for failure to provide access to the requested records. The court dismissed both claims, pointing out that "the Court holds that Plaintiff's proposed amendment to add the chair of the EEOC as a Defendant to this action would be futile. For the reasons already explained, Plaintiff cannot state a plausible claim for relief against an individual employee of a federal agency." The court added that "to the extent that Plaintiff's amended pleading will allege a violation of his First Amendment rights based on the EEOC's handling of his FOIA request, such a claim would not withstand a motion to dismiss."
Issues: Litigation - Jurisdiction - Proper Party

FOIA Project Annotation: A federal court in Tennessee has adopted a magistrate judge's recommendation finding that the EEOC properly responded to Rodney Harper's request. The agency found 354 pages, disclosed 100 pages with minor redactions made under Exemption 5 (privileges) and assessed Harper $38.70 for the remaining 254 pages. The agency acknowledged receiving Harper's appeal, but after he filed suit the agency discovered it had inadvertently closed his administrative appeal. It reopened the appeal and partially granted Harper's appeal. The magistrate judge found the agency had acted appropriately and recommended ruling in its favor. Harper made a variety of procedural challenges. The court noted that "taken as a whole, Plaintiff's brief amounts to a general objection to the Magistrate Judge's recommended disposition." The court indicated that "Plaintiff has largely failed to present specific objections to the Magistrate Judge's legal conclusions, that Plaintiff's claim is moot, and that Defendant has complied with FOIA." The court added that "the Magistrate Judge concluded that there was no further relief for the Court to grant Plaintiff. Nothing in Plaintiff's objections has shown why the Court should reject this conclusion."
Issues: Litigation - Jurisdiction - Moot

Date Filed	Doc #	Docket Text
2015-09-23	1	PRO SE COMPLAINT Complaint for Injunctive Relief Pursuant to 5 U.S.C. § 552 filed by Rodney Harper against All Defendants. (Attachments: # 1 Exhibit A Certified Mail Receipt, # 2 Exhibit B Correspondence, # 3 Judicial Cards)(csf) (Entered: 09/23/2015)
2015-09-23	2	Pro Se MOTION for Leave to Proceed in forma pauperis by Rodney Harper. (csf) (Entered: 09/23/2015)
2015-09-23	3	NOTICE Declined agreement to receive notice of electronic filing (NEF) by Rodney Harper (csf) (Entered: 09/23/2015)
2015-09-23	4	NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (csf) (Entered: 09/23/2015)
2015-09-23		CLERK'S REFERRAL TO MAGISTRATE JUDGE. Clerk's review of preliminary matters completed. (csf) (Entered: 09/23/2015)
2015-10-09	5	ORDER re 2 MOTION for Leave to Proceed in forma pauperis filed by Rodney Harper, REPORT AND RECOMMENDATIONS re 1 Pro Se Complaint filed by Rodney Harper ( Objections to R&R due by 10/23/2015). Signed by Magistrate Judge Charmiane G. Claxton on 10/9/2015. (Claxton, Charmiane) (Entered: 10/09/2015)
2015-10-19	6	PRO SE MOTION for Extension of Time to File Objections to US Magistrate's Report and Recommendation by Rodney Harper. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(jae) (Entered: 10/19/2015)
2015-10-20	7	ORDER granting 6 Motion for Extension of Time to File. Signed by Judge S. Thomas Anderson on 10/20/15. (Anderson, S.) (Entered: 10/20/2015)
2015-11-06	8	Pro Se Plaintiff's OBJECTION to United States Magistrate Judge's Proposed 5 Report and Recommendations by Rodney Harper. (jld) (Entered: 11/06/2015)
2015-11-17	9	ORDER adopting the Magistrate Judge's Recommendation; Order Terminating Parties; Order to Issue and Effect Service of Process. Signed by Judge S. Thomas Anderson on 11/17/15. (Anderson, S.) (Entered: 11/17/2015)
2015-11-19	10	Summons Issued as to U.S. Equal Employment Opportunity Commission, U.S. Attorney and U.S. Attorney General. (agj) (Entered: 11/19/2015)
2015-12-08	11	NOTICE OF APPEAL by Rodney Harper. (jld) (Entered: 12/08/2015)
2015-12-08	12	SUMMONS Returned Executed as to Loretta E. Lynch, Esq. Attorney General of the United States. (jld) (Entered: 12/08/2015)
2015-12-08	13	SUMMONS Returned Executed as to Edward L. Stanton, Esq., U.S. Attorney Western District of Tennessee. (jld) (Entered: 12/08/2015)
2015-12-08	14	SUMMONS Returned Executed as to U.S. Equal Employment Opportunity Commission. (jld) (Entered: 12/08/2015)
2015-12-10	15	USCA Case Number 15-6354 for 11 Notice of Appeal filed by Rodney Harper. (jrs) (Entered: 12/10/2015)
2015-12-11	16	First MOTION for Leave to Appear Pro Hac Vice (Fee paid as part of previous filing) by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Appendix)(Jackson, Colleen) Modified on 12/14/2015 (jml). (Fee waived not previous paid-Atty for EEOC) (Entered: 12/11/2015)
2015-12-11	17	ORDER granting 16 Motion for Leave to Appear Pro Hac Vice. Signed by Judge S. Thomas Anderson on 12/11/15. (Anderson, S.) (Entered: 12/11/2015)
2015-12-15	18	Proposed MOTION for Extension of Time to File Answer by U.S. Equal Employment Opportunity Commission. (Jackson, Colleen) (Entered: 12/15/2015)
2015-12-15	19	ORDER granting 18 Motion for Extension of Time to Answer re 1 Pro Se Complaint. U.S. Equal Employment Opportunity Commission answer due 1/25/2016. ***TEXT ORDER ONLY*** Signed by Magistrate Judge Charmiane G. Claxton on 12/15/2015. (Claxton, Charmiane) (Entered: 12/15/2015)
2016-01-25	20	ORDER of USCA as to 11 Notice of Appeal filed by Rodney Harper. ORDER filed to DISMISS case for lack of jurisdiction - non appealable order. (jrs) (Entered: 01/25/2016)
2016-01-25	21	Defendant EEOC's ANSWER to Complaint by U.S. Equal Employment Opportunity Commission.(Jackson, Colleen) (Entered: 01/25/2016)
2016-01-25	22	NOTICE OF SETTING: A Scheduling Conference has been set for TUESDAY, 2/16/2016 at 10:00 AM in Courtroom 5 - Memphis before Magistrate Judge Charmiane G. Claxton. ****MANDATORY APPEARANCE IS REQUIRED WHEN PRO SE LITIGANTS ARE INVOLVED****( (bvh) (Entered: 01/25/2016)
2016-02-05	23	First MOTION for Summary Judgment or for Dismissal by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum In Support of Motion for Dismissal or for Summary Judgment, # 2 Affidavit And Exhibits, # 3 Supplement Local Rule 56.1 Statement, # 4 Supplement Proposed Order, # 5 Supplement Certificate of Service)(Jackson, Colleen) (Entered: 02/05/2016)
2016-02-08	24	NOTICE of Appearance by Gary A. Vanasek on behalf of U.S. Equal Employment Opportunity Commission (Vanasek, Gary) (Entered: 02/08/2016)
2016-02-09	25	First MOTION to Continue Motion For Continuance by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Consultation Certificate of Consultation, # 2 Supplement Proposed Order)(Jackson, Colleen) (Entered: 02/09/2016)
2016-02-11	26	ORDER granting in part and denying in part 25 Motion to Continue. The scheduling conference will not be continued. Counsel for EEOC may appear by telephone. Mr. Harper must appear in person. ***TEXT ORDER ONLY*** Signed by Magistrate Judge Charmiane G. Claxton on 2/11/2016. (Claxton, Charmiane) (Entered: 02/11/2016)
2016-02-16	27	Minute Entry for proceedings held before Magistrate Judge Charmiane G. Claxton: Scheduling Conference held on 2/16/2016. Pro Se Plaintiff present. Counsel for the defendants present. The Court reviewed the status of the case. Scheduling Conference is RESET for 6/2/2016 at 11:00 AM in Courtroom 6 - Memphis before Magistrate Judge Charmiane G. Claxton. The Conference will be cancelled if the pending Motions have been resolved. (Plaintiffs Counsel: Pro Se. Defendants Counsel: Colleen Adams Jackson via telephone & Gary Vanasek.) (Tape #FTR CR5) (cas) (Entered: 02/16/2016)
2016-02-16	28	Pro Se MOTION for Extension of Time to File Response to 23 First MOTION for Summary Judgment or for Dismissal by Rodney Harper. (jld) (Entered: 02/16/2016)
2016-02-17	29	RESPONSE to Motion re 28 MOTION for Extension of Time to File Response/Reply as to 23 First MOTION for Summary Judgment or for Dismissal filed by U.S. Equal Employment Opportunity Commission. (Jackson, Colleen) (Entered: 02/17/2016)
2016-02-18	30	ORDER granting 28 Motion for Extension of Time to File Response/Reply re 23 First MOTION for Summary Judgment or for Dismissal Responses due by 3/14/2016 Replies due by 3/28/2016.. ***TEXT ORDER ONLY*** Signed by Magistrate Judge Charmiane G. Claxton on 2/18/2016. (Claxton, Charmiane) (Entered: 02/18/2016)
2016-03-14	31	Pro Se NOTICE Of Plaintiff Reply To Defendant Memorandum Of Law In Support Of Equual Employment Opportunity Commission's Motion To Dismiss Or, In The Alternative, For Summary Judgment by Rodney Harper (Attachments: # 1 Exhibit A, # 2 Declaration Of Rodney Harper)(jld) (Entered: 03/14/2016)
2016-03-28	32	REPLY to Response to Motion re 29 Response to Motion Opposing EEOC's Motion for Summary Judgment filed by U.S. Equal Employment Opportunity Commission. (Jackson, Colleen) (Entered: 03/28/2016)
2016-05-03	33	NOTICE OF RESETTING: The Scheduling Conference which was set for TUESDAY, 2/16/2016 at 10:00 AM in Courtroom 5 - Memphis before Magistrate Judge Charmiane G. Claxton has been RESET for THURSDAY, 6/2/2016 at 11:00 AM in Courtroom 6 - Memphis. ****MANDATORY APPEARANCE IS REQUIRED WHEN PRO SE LITIGANTS ARE INVOLVED**** (bvh) (Entered: 05/03/2016)
2016-05-10	34	Second MOTION for Leave to Appear Motion to Appear Telephonically in Scheduling Conference by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Consultation Proposed Order)(Jackson, Colleen) (Entered: 05/10/2016)
2016-05-18	35	First MOTION to Reassign Case Administrative Case Management Track by U.S. Equal Employment Opportunity Commission. (Jackson, Colleen) (Entered: 05/18/2016)
2016-05-23	36	Pro Se RESPONSE to Motion re 35 First MOTION to Reassign Case Administrative Case Management Track filed by Rodney Harper. (jld) (Entered: 05/23/2016)
2016-05-31	37	REPORT AND RECOMMENDATIONS re 23 First MOTION for Summary Judgment or for Dismissal filed by U.S. Equal Employment Opportunity Commission. Objections to R&R due by 6/14/2016. Signed by Magistrate Judge Charmiane G. Claxton on 5/31/2016. (Claxton, Charmiane) (Entered: 05/31/2016)
2016-05-31	38	ORDER finding as moot 34 Motion for Leave to Appear Telephonically in Scheduling Conference; denying without prejudice 35 Motion to Reassign Case. Scheduling Conference set for June 2, 2016 is CANCELLED. Signed by Magistrate Judge Charmiane G. Claxton on 5/31/2016. (Claxton, Charmiane) (Entered: 05/31/2016)
2016-06-14	39	OBJECTION to 37 Report and Recommendations by Rodney Harper. (jae) (Entered: 06/15/2016)
2016-06-28	40	RESPONSE to Motion re 37 REPORT AND RECOMMENDATIONS re 23 First MOTION for Summary Judgment or for Dismissal filed by U.S. Equal Employment Opportunity Commission Defendant's Reply to Plaintiff's Objections to Report and Recommendation filed by U.S. Equal Employment Opportunity Commission. (Jackson, Colleen) (Entered: 06/28/2016)
2016-06-30	41	ORDER adopting Report and Recommendations 37 and granting 23 Motion for Summary Judgment. Signed by Judge S. Thomas Anderson on 6/30/16. (Anderson, S.) (Entered: 06/30/2016)
2016-06-30	42	JUDGMENT In accordance with the Order Adopting The Magistrate Judges Recommendation, Order Granting Defendants Motion For Summary Judgment entered on 6/30/2016, this cause is hereby dismissed. Signed by Judge S. Thomas Anderson on 6/30/2016. (Anderson, S.) (Entered: 06/30/2016)
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