Case Detail

FOIA Project Annotation: A federal court in Colorado has applied the Supreme Court's holding in National Archives and Records Administration v. Favish, 541 U.S. 157 (2003), to find that family privacy rights of a prisoner who was brutally murdered by his cellmates trump any public interest in access to a video of the aftermath of the prisoner's death and the autopsy photos of the murder. William and Rudy Sablan murdered Joey Jesus Estrella in their shared prison cell in October 1999. Prison Legal News requested the autopsy photos and the surveillance video from the Executive Office for U.S. Attorneys. EOUSA denied the records under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Prison Legal News argued that there was a public interest in examining the performance of Bureau of Prisons personnel in relation to the murder and speculated that the photos and video might have influenced the government's decision to ask for the death penalty. The court found Prison Legal News' public interest argument unpersuasive, noting that "the public's interest is diminished because the death penalty was not imposed. Under these circumstances a showing of the importance of the public interest and how it ties to the autopsy photographs must be more nuanced and specific." In contrast, "the autopsy photographs show, in detail, the exceptionally heinous nature of Mr. Estrella's injuries. Given the graphic nature of the photographs, public dissemination of these images could impede the family's ability to mourn Mr. Estrella's death in private and achieve emotional closure." The court found the video to be even more graphic and found the privacy interests of Estrella's family outweighed any small public interest in disclosure. The court noted the inherent contradiction in the balance by observing that "the horrendous manner in which the murder occurred which creates a public interest also is the characteristic that most greatly impacts the privacy interest of Mr. Estrella's family." Prison Legal News also argued that the records were in the public domain, based on Cottone v. Reno, 193 F.3d 550 (D.C. Cir. 1999), because they had been introduced at the Sablans' murder trial. The court distinguished Cottone, noting that there the D.C. Circuit had found that there was no value in asserting Exemption 3 (other statutes) to preserve the secrecy of wiretaps when they had been played in public court. Here, the privacy interests were stronger and the public exposure through the trial much more attenuated. The court pointed out that "the public exposure associated with a criminal trial is vastly different from the public exposure that can result from the release of the same information pursuant to FOIA. A trial is of limited duration, and once completed, the evidence presented becomes part of the trial record. This record may never have public exposure, and even under the worst of circumstances�"a reversal of a conviction and subsequent retrial�"the death scene evidence would have public exposure only for a limited time and a limited purpose. In contrast, the release of death scene material through FOIA is absolute, unrestrained, and perpetual. Once released, the information can be publicly displayed, by multiple persons, in multiple venues, and on multiple occasions. A decedent's family would have no expectation that the exposure would necessarily end."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2008-05-20	1	COMPLAINT for Declaratory and Injunctive Relief against United States Attorneys, Executive Office for ( Filing fee $ 350, Receipt Number 10060) Summons Issued, filed by Prison Legal News. (Attachments: # 1 Civil Cover Sheet, # 2 Special Assignment Form, # 3 Receipt)(gms, ) (Entered: 05/20/2008)
2008-05-21	2	NOTICE of Entry of Appearance by Ari Reuben Krichiver on behalf of Prison Legal News (Krichiver, Ari) (Entered: 05/21/2008)
2008-05-21	3	ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. Signed by Judge Marcia S. Krieger on 05/21/08. (mskcd) (Entered: 05/21/2008)
2008-05-21	4	ORDER OF REFERENCE TO MAGISTRATE JUDGE AND LETTER TO COUNSEL: Referring case to Magistrate Judge Kristen L. Mix. Signed by Judge Marcia S. Krieger on 05/21/08. (mskcd) (Entered: 05/21/2008)
2008-05-21	5	ORDER SETTING RULE 16 HEARING: Hearing set for 8/13/2008 at 04:30 PM in Courtroom A 901 before Judge Marcia S. Krieger. Signed by Judge Marcia S. Krieger on 5/21/08. (msksec, ) (Entered: 05/21/2008)
2008-06-03	6	AFFIDAVIT of Ari Krichiver by Plaintiff Prison Legal News. (Krichiver, Ari) (Entered: 06/03/2008)
2008-06-05	7	Docket Annotation re: 6 Affidavit. This document is a Summons Returned Executed as to USA and Counsel will refile. Text only entry - no document attached (jmp, ) (Entered: 06/05/2008)
2008-06-05	8	SUMMONS Returned Executed upon defendant(s) United States Attorneys, Executive Office for served on 5/29/2008, answer due 7/28/2008. (Krichiver, Ari) (Entered: 06/05/2008)
2008-06-30	9	ANSWER to 1 Complaint, by United States Attorneys, Executive Office for.(Pharo, William) (Entered: 06/30/2008)
2008-06-30	10	ORDER RESETTING RULE 16 HEARING: Due to a scheduling conflict on the Court's calendar, the Rule 16 Hearing previously set for 8/13/2008 is VACATED and RESET to 8/15/2008 at 01:30 PM before Judge Marcia S. Krieger, by Judge Marcia S. Krieger on 6/30/08. (Text Entry Only - No Document Attached)(msksec, ) (Entered: 06/30/2008)
2008-08-15	11	Minute Entry for proceedings held before Judge Marcia S. Krieger: Status Conference held on 8/15/2008. (Court Reporter Paul Zuckerman) (mskcd) (Entered: 08/15/2008)
2008-09-04	12	Joint STATUS REPORT by Plaintiff Prison Legal News, Defendant United States Attorneys, Executive Office for. (Pharo, William) (Entered: 09/04/2008)
2008-09-05	13	MOTION to Withdraw as Attorney by Plaintiff Prison Legal News. (Attachments: # 1 Proposed Order (PDF Only))(Krichiver, Ari) (Entered: 09/05/2008)
2008-09-05	14	MEMORANDUM regarding 13 MOTION to Withdraw as Attorney filed by Prison Legal News. Motion is referred to Magistrate Judge Kristen L. Mix by Judge Marcia S. Krieger on 9/5/08. (Text Only Entry - No Document Attached)(msksec, ) (Entered: 09/05/2008)
2008-09-08	15	MINUTE ORDER granting 13 Plaintiff's Motion to Withdraw as Attorney. Attorney Ari Reuben Krichiver terminated, by Magistrate Judge Kristen L. Mix on 9/08/08.(jmp, ) (Entered: 09/08/2008)
2008-10-17	16	ORDER: Records shall be submitted for in camera review by NOVEMBER 21, 2008. Cross-motions for summary judgment shall be filed on NOVEMBER 21, 2008. No reply briefs shall be filed. Signed by Judge Marcia S. Krieger on 10/17/08. (msksec, ) (Entered: 10/17/2008)
2008-11-14	17	NOTICE of Change of Address by Gail Kathryn Johnson (Johnson, Gail) (Entered: 11/14/2008)
2008-11-21	18	MOTION for Summary Judgment by Defendant United States Attorneys, Executive Office for. (Attachments: # 1 Exhibit A-1 Exhibit List, # 2 Exhibit A-2 FOIA Request, # 3 Exhibit A-3 FOIA Request Response, # 4 Exhibit A-4 Summers Declaration)(Pharo, William) (Entered: 11/21/2008)
2008-11-21	19	BRIEF in Support re 18 MOTION for Summary Judgment filed by Defendant United States Attorneys, Executive Office for. (Pharo, William) (Entered: 11/21/2008)
2008-11-21	20	MOTION for Summary Judgment by Plaintiff Prison Legal News. (Attachments: # 1 Exhibit Exhibit 1 Schuster, # 2 Exhibit Exhibit 2 Prendergast, # 3 Exhibit Exhibit 3 Wright)(Johnson, Gail) (Entered: 11/21/2008)
2008-12-08	21	RESPONSE to Motion re 20 MOTION for Summary Judgment filed by Defendant United States Attorneys, Executive Office for. (Pharo, William) (Entered: 12/08/2008)
2008-12-11	22	RESPONSE to Motion re 18 MOTION for Summary Judgment and Brief in Support of Defendants Motion for Summary Judgment [Docket # 19] filed by Plaintiff Prison Legal News. (Johnson, Gail) (Entered: 12/11/2008)
2009-01-27	23	Unopposed MOTION for Leave to File Supplemental Wright Declaration in Support of PLN's 20 Motion for Summary Judgment by Plaintiff Prison Legal News. (Attachments: # 1 Affidavit Supplemental Wright Declaration, # 2 Exhibit Exhibit 1-A Chicago Tribune Article)(Johnson, Gail) Modified on 1/29/2009 to create linkage (wjc, ). (Entered: 01/27/2009)
2009-01-28	24	ORDER granting 23 Motion for Leave to File Supplemental Wright Declaration in Support of PLN's Motion for Summary Judgment. Plaintiff Prison Legal News shall file said Affidavit by separate docket entry , by Judge Marcia S. Krieger on 1/28/09.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (msksec, ) (Entered: 01/28/2009)
2009-01-28	25	AFFIDAVIT re 20 MOTION for Summary Judgment by Plaintiff Prison Legal News. (Attachments: # 1 Exhibit Chigago Tribune Article)(Johnson, Gail) (Entered: 01/28/2009)
2009-09-16	26	OPINION AND ORDER DIRECTING RELEASE OF SOME REQUESTED INFORMATION AND DENYING RELEASE OF OTHER INFORMATION. Defendant Executive Office for United States Attorneys 18 Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART. Prison Legal Newss 20 Motion for Summary Judgment IS GRANTED IN PART AND DENIED IN PART. Defendant Executive Office shall disclose to Plaintiff Prison Legal News only (i) the portion of the video that does not depict Mr. Estrellas body (Section Two - all portions after time-code 15:52) except it shall electronically or otherwise obscure the video portion showing William Sablan or Rudy Sablans genitalia and (ii) the audio of BOP officials in the remaining portion of the video (Section One - all portions prior to time-code 15:52). This Order having resolved all issues in this case, the Clerk of the Court is directed to close the case, by Judge Marcia S. Krieger on 09/16/09.(wjc, ) (Entered: 09/16/2009)
2009-09-30	27	MOTION for Attorney Fees and Expenses by Plaintiff Prison Legal News. (Attachments: # 1 Exhibit Summary of Attorneys Fees and Other Litigation Costs, # 2 Exhibit Declaration Of Gail K. Johnson In Support Of, # 3 Exhibit Declaration Of Ari R. Krichiver In Support Of)(Johnson, Gail) (Entered: 09/30/2009)
2009-10-20	28	Unopposed MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Attorney Fees and Expenses by Defendant United States Attorneys, Executive Office for. (Attachments: # 1 Exhibit Proposed Order)(Pharo, William) (Entered: 10/20/2009)
2009-10-21	29	ORDER granting 28 Unopposed Motion for Extension of Time to File Response/Reply to Motion for Attorney Fees and Expenses. Extension granted to 11/6/2009. Judge Marcia S. Krieger on 10/21/09.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (msksec, ) (Entered: 10/21/2009)
2009-11-06	30	RESPONSE to 27 MOTION for Attorney Fees and Expenses filed by Defendant United States Attorneys, Executive Office for. (Pharo, William) (Entered: 11/06/2009)
2009-11-13	31	NOTICE OF APPEAL as to 26 Opinion and Order filedby Plaintiff Prison Legal News (Johnson, Gail) Modified on 11/16/2009 to create a link to the order being appealed. (bjrsl, ). (Entered: 11/13/2009)
2009-11-16	32	LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 31 Notice of Appeal filed by Prison Legal News to the U.S. Court of Appeals. (Retained counsel; Fee paid) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record including Notice of Appeal, # 3 Receipt)(bjrsl, ) (Entered: 11/16/2009)
2009-11-17	33	USCA Case Number 09-1511 for 31 Notice of Appeal filed by Prison Legal News. (bjrsl, ) (Entered: 11/17/2009)
2009-11-20	34	REPLY to Response to 27 MOTION for Attorney Fees and Expenses In Support Of Prison Legal Newss filed by Plaintiff Prison Legal News. (Johnson, Gail) (Entered: 11/20/2009)
2009-11-20	35	SUPPLEMENT/AMENDMENT to PLN's 27 Motion for Attorney's Fees and Expenses by Plaintiff Prison Legal News. (Attachments: # 1 Exhibit Summary of Fees, # 2 Exhibit Declaration of Gail K. Johnson)(Johnson, Gail) Modified on 11/23/2009 to create linkage (wjc, ). (Entered: 11/20/2009)
2009-11-24	36	NOTICE OF APPEAL as to 26 Order on Motion for Summary Judgment,,,,,,, by Defendant United States Attorneys, Executive Office for (Johnson, Michael) (Entered: 11/24/2009)
2009-11-25	37	LETTER Transmitting Notice of Cross-Appeal to all counsel advising of the transmittal of the 36 Notice of Appeal filed by United States Attorneys, Executive Office for to the U.S. Court of Appeals. (Retained counsel; USA Appeal no fee required) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record including Notice of Cross-Appeal)(bjrsl, ) (Entered: 11/25/2009)
2009-11-30	38	USCA Case Number 09-1531 for 36 Notice of Cross-Appeal filed by United States Attorneys, Executive Office for. (bjrsl, ) (Entered: 11/30/2009)
2009-12-02	39	TRANSCRIPT ORDER FORM re 31 Notice of Appeal by Plaintiff Prison Legal News (Johnson, Gail) (Entered: 12/02/2009)
2009-12-11	40	RESPONSE to 35 Supplement/Amendment, to Prison Legal News's Motion for Attorneys Fees and Expenses by Defendant United States Attorneys, Executive Office for. (Prose, Susan) (Entered: 12/11/2009)
2009-12-14	41	TRANSCRIPT ORDER FORM re 36 Notice of Appeal by Defendant United States Attorneys, Executive Office for (Johnson, Michael) (Entered: 12/14/2009)
2009-12-15	42	LETTER TO USCA and all counsel certifying the record is complete as to 36 Notice of Appeal filed by United States Attorneys, Executive Office for, 31 Notice of Appeal filed by Prison Legal News. ( Appeal No. 09-1511 & 09-1531) (bjrsl, ) (Entered: 12/15/2009)
2009-12-18	43	REPLY in Support of 35 Supplement to 27 MOTION for Attorney Fees and Expenses filed by Plaintiff Prison Legal News. (Johnson, Gail) Modified on 12/21/2009 to create linkage and clarify the text as to the actual title of the document(gms, ). (Entered: 12/18/2009)
2009-12-21	44	Docket Annotation re: 43 Reply to Response to Motion. This docket entry was modified to create linkage and clarify the text as to the actual title of the document. Text only entry - no document attached (gms, ) (Entered: 12/21/2009)
2010-05-03	45	MANDATE of USCA as to 36 Notice of Appeal filed by United States Attorneys, Executive Office: The motion to voluntarily dismiss the appeal is granted. The entry of this order does not affect appeal no. 09-1511. (USCA Case No. 09-1531) (Attachments: # 1 USCA Order)(bjrsl, ) (Entered: 05/03/2010)
2010-08-10	46	Opinion and ORDER granting in part 27 Motion for Attorney Fees. Defendant Executive Office shall pay $13,779.20 in attorney fees to plaintiff, by Judge Marcia S. Krieger on 8/10/10.(gmssl, ) (Entered: 08/11/2010)
2011-01-11	47	USCA Opinion and Judgment as to 31 Notice of Appeal filed by Prison Legal News : The judgment of the district court is affirmed in part and dismissed in part. (USCA Case No. 09-1511) (This document is not the Mandate) (Attachments: # 1 USCA Judgment)(bjrsl, ) (Entered: 01/11/2011)
2011-03-24	48	MANDATE of USCA as to 47 USCA Order/Opinion/Judgment, 31 Notice of Appeal filed by Prison Legal News: Affirmed/Dismissed (USCA Case No. 09-1511) (bjrsl, ) (Entered: 03/25/2011)
2011-07-06	49	Letter from U.S. Court of Appeals regarding Petition for Writ of Certiorari which was filed re 31 Notice of Appeal by Prison Legal News; assigned Supreme Court No. 10-1510 ( Appeal No. 09-1511) (bjrsl, ) (Entered: 07/07/2011)
2011-10-24	50	Letter from U.S. Court of Appeals regarding Petition for Writ of Certiorari which was denied re 31 Notice of Appeal by Prison Legal News; assigned Supreme Court No. 10-1510 ( Appeal No. 09-1511) (bjrsl, ) (Entered: 10/25/2011)
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