Case Detail

FOIA Project Annotation: A federal court in Michigan has ruled that the FBI properly withheld most records pertaining to the use of race and ethnicity in investigations in Michigan under Exemption 1 (national security), Exemption 7(A) (interference with ongoing investigation or proceedings), and Exemption 7(E) (investigative methods and techniques). The agency withheld domain intelligence notesâ€"FBI analysts' methods of collecting and recording information gathered on a particular groupâ€"electronic communications, and maps. Approving of the agency's descriptions of the documents and the reason their disclosure would harm national security, the court noted that the agency affidavits "fairly describe the content of the material withheld" and "state the FBI's grounds for nondisclosure" which are "reasonable and consistent with the criteria in the [Executive Order on Classification]." The court also agreed that 7(A) applied. The ACLU of Michigan argued that information on race and ethnicity was public and could not be withheld. But the court agreed with the agency, noting that "releasing demographic information about specific ethnic groups in specific areas, compiled in the course of an investigation, could reasonably be expected to alert a criminal organization that it may be the subject of an investigation."
Issues: Exemption 7(A) - Categorical exemption

Date Filed	Doc #	Docket Text
2011-07-21	1	COMPLAINT for Injunctive Relief filed by American Civil Liberties Union of Michigan against Federal Bureau of Investigation, United States Department of Justice. Plaintiff requests summons issued. Receipt No: 0645-3078101 - Fee: $ 350. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - [ Previously dismissed case: No] [ Possible companion case(s): None ] (Borgsdorf, Stephen) (Entered: 07/21/2011)
2011-07-21	2	SUMMONS Issued for *Federal Bureau of Investigation* (TMcg) (Entered: 07/21/2011)
2011-07-21	3	SUMMONS Issued for *United States Department of Justice* (TMcg) (Entered: 07/21/2011)
2011-07-21	4	SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (TMcg) (Entered: 07/21/2011)
2011-08-03	5	CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of All Defendants. (Borgsdorf, Stephen) (Entered: 08/03/2011)
2011-08-12	6	CERTIFICATE OF SERVICE re 2 Summons Issued by American Civil Liberties Union of Michigan to the FBI (Borgsdorf, Stephen) (Entered: 08/12/2011)
2011-08-12	7	CERTIFICATE OF SERVICE re 4 Summons Issued for US Attorney/Attorney General by American Civil Liberties Union of Michigan to Attorney General Office (Borgsdorf, Stephen) (Entered: 08/12/2011)
2011-08-29	8	NOTICE of Appearance by Justin M. Sandberg on behalf of Federal Bureau of Investigation, United States Department of Justice. (Sandberg, Justin) [INCORRECT CASE NUMBER ON DOCUMENT] Modified on 8/29/2011 (DSmi). (Entered: 08/29/2011)
2011-08-29	9	ANSWER to Complaint by Federal Bureau of Investigation, United States Department of Justice. (Sandberg, Justin) [INCORRECT CASE NUMBER ON DOCUMENT] Modified on 8/29/2011 (DSmi). (Entered: 08/29/2011)
2011-09-01	10	NOTICE TO APPEAR: Scheduling Conference set for 10/4/2011 09:30 AM before District Judge Lawrence P. Zatkoff IN PORT HURON (MVer) (Entered: 09/01/2011)
2011-09-16	11	NOTICE of Appearance by Nusrat J. Choudhury - NOT SWORN on behalf of American Civil Liberties Union of Michigan. (Choudhury - NOT SWORN, Nusrat) (Entered: 09/16/2011)
2011-09-16	12	NOTICE of Appearance by Hina Shamsi - NOT SWORN on behalf of American Civil Liberties Union of Michigan. (Shamsi - NOT SWORN, Hina) (Entered: 09/16/2011)
2011-09-23	13	ATTORNEY APPEARANCE: Andrew J. Lievense appearing on behalf of All Defendants (Lievense, Andrew) (Entered: 09/23/2011)
2011-09-29	14	DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Borgsdorf, Stephen) (Entered: 09/29/2011)
2011-10-04		Minute Entry - Scheduling Conference held on 10/4/2011 before District Judge Lawrence P. Zatkoff. Disposition: Conference is continued to February 9, 2012 at 9:30 a.m. in Port Huron. (MVer) (Entered: 10/04/2011)
2011-10-05	15	NOTICE of Appearance by Michael J. Steinberg on behalf of American Civil Liberties Union of Michigan. (Steinberg, Michael) (Entered: 10/05/2011)
2011-10-05	16	NOTICE of Appearance by Mark P. Fancher on behalf of American Civil Liberties Union of Michigan. (Fancher, Mark) (Entered: 10/05/2011)
2012-01-31	17	STIPULATION AND ORDER ADJOURNING SCHEDULING CONFERENCE TO FEBRUARY 28, 2012 AT 9:30 A.M. IN PORT HURON Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 01/31/2012)
2012-02-15	18	Ex Parte MOTION for Leave to File Excess Pages , Unopposed by Plaintiff, by Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Proposed Order) (Sandberg, Justin) (Entered: 02/15/2012)
2012-02-17	19	MOTION for Summary Judgment by Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Exhibit, # 2 Document Continuation, # 3 Proposed order) (Sandberg, Justin) (Entered: 02/17/2012)
2012-02-24	20	ORDER granting 18 Motion for Leave to File Excess Pages. Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 02/24/2012)
2012-02-28		Minute Entry - Scheduling Conference held on 2/28/2012 before District Judge Lawrence P. Zatkoff via telephone. (MVer) (Entered: 02/29/2012)
2012-03-09	21	ORDER for Briefing Schedule and Document Production. Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 03/09/2012)
2012-04-05	22	MOTION for Leave to File Excess Pages by American Civil Liberties Union of Michigan. (Attachments: # 1 Exhibit) (Borgsdorf, Stephen) (Entered: 04/05/2012)
2012-04-06	23	ORDER granting 22 Motion for Leave to File Excess Pages. Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 04/06/2012)
2012-04-10	24	Cross MOTION for Partial Summary Judgment by American Civil Liberties Union of Michigan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Exhibit 1-C(A), # 5 Exhibit 1-C(B), # 6 Exhibit 1-D, # 7 Exhibit 1-E, # 8 Exhibit 1-F, # 9 Exhibit 1-G, # 10 Exhibit 1-H, # 11 Exhibit 1-I, # 12 Exhibit 1-J, # 13 Exhibit 1-K, # 14 Exhibit 1-L, # 15 Exhibit 1-M, # 16 Exhibit 1-N, # 17 Exhibit 2, # 18 Exhibit 2-A, # 19 Exhibit 2-B, # 20 Exhibit 2-C, # 21 Exhibit 2-D, # 22 Exhibit 2-E(A), # 23 Exhibit 2-E(B), # 24 Exhibit 2-F, # 25 Exhibit 2-G, # 26 Exhibit 2-H, # 27 Exhibit 2-I, # 28 Exhibit 2-J, # 29 Exhibit 3 - Proposed Order) (Borgsdorf, Stephen) Modified on 4/11/2012 (KKra). [DOCUMENT ENTITLED MEMORANDUM IN SUPPORT OF PLAINTIFF'S CROSS-MOTION] (Entered: 04/10/2012)
2012-04-11	25	Cross MOTION for Partial Summary Judgment by American Civil Liberties Union of Michigan. (Borgsdorf, Stephen) (Entered: 04/11/2012)
2012-04-11	26	INDEX of Exhibits re 24 Cross MOTION for Partial Summary Judgment by American Civil Liberties Union of Michigan (Borgsdorf, Stephen) (Entered: 04/11/2012)
2012-05-23	27	STIPULATION AND ORDER Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 05/23/2012)
2012-05-25	28	RESPONSE to 24 Cross MOTION for Partial Summary Judgment, 19 MOTION for Summary Judgment Reply filed by Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit) (Sandberg, Justin) (Entered: 05/25/2012)
2012-05-25	29	NOTICE by Federal Bureau of Investigation, United States Department of Justice of filing of material ex parte and in camera (Sandberg, Justin) (Entered: 05/25/2012)
2012-06-11	30	MOTION Plaintiff's Motion To File An Enlarged Reply Brief by American Civil Liberties Union of Michigan. (Borgsdorf, Stephen) (Entered: 06/11/2012)
2012-06-14	31	RESPONSE to 28 Response to Motion, Corrected Memorandum In Support Of Plaintiff's Cross-Motion For Partial Summary Judgment And Opposition To Defendants' Motion For Summary Judgment by American Civil Liberties Union of Michigan. (Borgsdorf, Stephen) (Entered: 06/14/2012)
2012-06-15	32	ORDER granting 30 Motion to File Enlarged Brief. Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 06/15/2012)
2012-06-15	33	RESPONSE to 31 Response (Free), Response (Free) Amended Corrected Memorandum In Support Of Plaintiff's Cross-Motion For Partial Summary Judgment And Opposition To Defendants' Motion For Summary Judgment by American Civil Liberties Union of Michigan. (Borgsdorf, Stephen) (Entered: 06/15/2012)
2012-06-15	34	REPLY to 25 Cross MOTION for Partial Summary Judgment Reply Memorandum In Support Of Plaintiff's Cross-Motion For Partial Summary Judgment by American Civil Liberties Union of Michigan. (Borgsdorf, Stephen) (Entered: 06/15/2012)
2012-09-30	35	ORDER granting 19 Motion for Summary Judgment; denying 25 Motion for Partial Summary Judgment. Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 09/30/2012)
2012-09-30	36	JUDGMENT Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 09/30/2012)
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