Case Detail

FOIA Project Annotation: Judge Rosemary Collyer has ruled that the FBI conducted an adequate search for records concerning the Occupy Houston protest movement, including allegations of an assassination plot, and properly applied Exemption 1 (national security), Exemption 3 (other statutes), and Exemption 6 (invasion of privacy) to the handful of records it found. However, since Collyer found the agency had not provided sufficient justification that the records were compiled for law enforcement purposes, she told the agency to either supplement its claim under Exemption 7(C) (invasion of privacy concerning law enforcement records) or disclose those portions of the records. In response to several requests from prolific requester Ryan Shapiro, the agency located 17 pages, releasing five pages in part and withholding 12 pages entirely. Shapiro claimed the agency had used search terms that were too narrow, but Collyer pointed out that the agency not only conducted broader secondary keyword searches, but, using a 2011 request as a template, used far more terms pertaining to the Occupy movement. Those searches yielded 454 potentially responsive pages, which were whittled down to 12 pages. Collyer noted that "FBI was not required to search every record system; it was only required to conduct a reasonable search of those systems of records likely to possess the requested information. Here, FBI exceeded this standard." Shapiro argued the agency's Exemption 1 claims failed to explain the harm to national security if information was disclosed. But Collyer indicated that the agency's affidavit was "sufficiently detailed for these purposes. It defines what constitutes an intelligence activity or method, and describes with reasonable detail the information withheld so as to demonstrate that Exemption 1 applies without revealing the exact information at issue. . .[The agency affidavit] is sufficiently tailored to Mr. Shapiro's document requests, even if parts of it have been relied upon in other cases." She noted that "in reality, Mr. Shapiro's issue with the [agency affidavit] is that it does not reveal the information he wants. . . That FBI did not disclose what might appear to be minor details about plots against Occupy Houston leadership or law enforcement's response to Occupy Houston protests is not consequential." She upheld the agency's use of the National Security Act to protect sources and methods, rejecting Shapiro's contention that the statute only applied to foreign intelligence. Finding that because Shapiro only contested redactions made under Exemption 7(C), he had waived any challenge to redactions under Exemption 6. Collyer agreed with Shapiro that the agency had not shown a law enforcement reason for collecting records on Occupy Houston. Rejecting a broad claim that the records pertained to an assessment of terrorist threats, she noted that "neither the word 'terrorism' nor the phrase 'advocating the overthrow of the government' are talismanic, especially where FBI purports to be investigating individuals who ostensibly are engaged in protected First Amendment activity."
Issues: Exemption 7 - Law enforcement records, Adequacy - Search

FOIA Project Annotation: Judge Rosemary Collyer has ruled the FBI properly withheld 17 pages pertaining to threats of violence against the Occupy Houston participants under Exemption 7 (law enforcement records). After having ruled in favor of the FBI on other counts, Collyer had found in a prior ruling that the agency had failed to show a rationale nexus to criminal activity. But after reviewing the records in camera, Collyer agreed the agency had shown a law enforcement purpose and had properly withheld the records under several subsections of Exemption 7. Ryan Shapiro argued the agency had failed to show the nature of the crime or the source's relationship to the information for purposes of Exemption 7(D) (confidential sources). But Collyer pointed out that "FBI has articulated that the names and information withheld on the basis of implied confidentiality are from 'individuals who are members of organized violent groups' that 'come into conduct with criminal elements and share information that such elements believe is not intended for disclosure to law enforcement.'" She noted that "based on these statements and a review of the documents, the Court finds that Exemption 7(D) applies to protect the names of and information about individuals whose relationships to criminal activity stems from their involvement in 'organized violent groups.' As members of these violent groups, the sources could reasonably expect retaliation unless their activities were kept confidential, particularly in light of the fact that the groups believe such information should not be shared with law enforcement agencies." The FBI had withheld internal web addresses and phone numbers under Exemption 7(E) (investigative methods and techniques). Collyer agreed with the agency, noting that "considering both FBI's arguments and the documents themselves, the Court is confident that FBI has met the 'relatively low bar' of demonstrating how individuals could use the withheld information to circumvent the law either by altering their criminal behavior after learning of FBI's specific investigative techniques or by disrupting FBI activity."
Issues: Exemption 7 - Law enforcement records

Date Filed	Doc #	Docket Text
2013-04-29	1	COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 350 receipt number 0090-3298932) filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Civil Cover Sheet, # 2 Summons United States Attorney's Office, # 3 Summons Department of Justice)(Light, Jeffrey) (Entered: 04/29/2013)
2013-04-29	2	NOTICE OF RELATED CASE by RYAN NOAH SHAPIRO. Case related to Case No. 12-1660. (Light, Jeffrey) (Entered: 04/29/2013)
2013-04-29		Case Assigned to Judge Rosemary M. Collyer. (kb, ) (Entered: 04/29/2013)
2013-04-29	3	NOTICE of filing of corrected summonses for clerk to issue by RYAN NOAH SHAPIRO (Attachments: # 1 Summons United States Attorney's Office, # 2 Summons United States Department of Justice)(Light, Jeffrey) (Entered: 04/29/2013)
2013-04-30	4	ELECTRONIC SUMMONS (2) Issued as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 consent form, # 2 notice of consent to trial)(rdj) (Entered: 04/30/2013)
2013-05-10	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/10/2013. ( Answer due for ALL FEDERAL DEFENDANTS by 6/9/2013.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/10/2013. (Attachments: # 1 Affidavit Service on USDOJ)(Light, Jeffrey) (Entered: 05/10/2013)
2013-05-21	6	NOTICE of Appearance by William Mark Nebeker on behalf of DEPARTMENT OF JUSTICE (Nebeker, William) (Entered: 05/21/2013)
2013-06-05	7	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 06/05/2013)
2013-06-06		MINUTE ORDER granting 7 Motion for Extension of Time to Answer. DEPARTMENT OF JUSTICE answer due 6/24/2013. Signed by Judge Rosemary M. Collyer on 6/6/2013. (KD) (Entered: 06/06/2013)
2013-06-21	8	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 06/21/2013)
2013-06-24		MINUTE ORDER granting 8 Defendant's Motion for Extension of Time to Answer or otherwise respond to the Complaint. Defendant shall file a dispositive motion by July 16, 2013; Plaintiff shall file a response by July 22, 2013; Defendant may file a reply by July 31, 2013. Signed by Judge Rosemary M. Collyer on 6/24/2013. (KD) (Entered: 06/24/2013)
2013-06-24		Set/Reset Deadlines/Hearings: Dispositive Motions due by 7/16/2013. Response to Dispositive Motion due by 7/22/2013. Reply to Dispositive Motion due by 7/31/2013. (cdw) Modified on 6/25/2013 (cdw). (Entered: 06/25/2013)
2013-07-16	9	MOTION to Dismiss Or, In The Alternative , MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration David Hardy, # 2 Exhibit A through P, # 3 Text of Proposed Order)(Nebeker, William) (Entered: 07/16/2013)
2013-07-23	10	Memorandum in opposition to re 9 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit 1 - Hardy declaration Truthout, # 2 Exhibit 2 - Hardy declaration Broward Bulldog, # 3 Exhibit 3 - Hardy declaration EFF, # 4 Exhibit 4 - Hardy declaration Sennett, # 5 Statement of Facts, # 6 Text of Proposed Order)(Light, Jeffrey) (Entered: 07/23/2013)
2013-07-23	11	MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment nunc pro tunc to July 22, 2013 by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 07/23/2013)
2013-07-23	12	ERRATA by RYAN NOAH SHAPIRO 10 Memorandum in Opposition, filed by RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 07/23/2013)
2013-07-23		MINUTE ORDER granting 11 Plaintiff's Motion for Extension of Time to File Response to 9 Defendant's Motion to Dismiss, Or in the Alternative, Motion for Summary Judgment. Plaintiff shall file his Response to Defendant's Motion no later than July 23, 2013. Defendant shall file its Reply no later than July 30, 2013. Signed by Judge Rosemary M. Collyer on July 23, 2013. (lcrmc3) (Entered: 07/23/2013)
2013-07-23		Set/Reset Deadlines/Hearings: Response to 9 due by 7/23/2013. Reply due by 7/30/2013. (cdw) (Entered: 07/23/2013)
2013-07-30	13	REPLY to opposition to motion re 9 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Second Decl. of Havid Hardy)(Nebeker, William) (Entered: 07/30/2013)
2013-08-01	14	NOTICE of Request for Oral Argument by RYAN NOAH SHAPIRO re 10 Memorandum in Opposition, (Light, Jeffrey) (Entered: 08/01/2013)
2013-08-30	15	MOTION for Leave to File Surreply in Opposition to Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment by RYAN NOAH SHAPIRO (Attachments: # 1 Exhibit Proposed surreply, # 2 Text of Proposed Order)(Light, Jeffrey) (Entered: 08/30/2013)
2013-09-10	16	NOTICE OF SUPPLEMENTAL AUTHORITY by RYAN NOAH SHAPIRO (Light, Jeffrey) (Entered: 09/10/2013)
2013-09-13	17	Memorandum in opposition to re 15 MOTION for Leave to File Surreply in Opposition to Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 09/13/2013)
2014-03-12	18	MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on March 12, 2014. (lcrmc3) (Entered: 03/12/2014)
2014-03-12	19	ORDER granting in part and denying in part Defendant's 9 Motion to Dismiss or for Summary Judgment, denying Plaintiff's 14 request for oral argument, and granting Plaintiff's 15 Motion for Leave to File Surreply. Specifically, Defendant's motion to dismiss for lack of jurisdiction due to mootness and/or failure to state a claim is DENIED. Defendant's motion for summary judgment is GRANTED with respect to Freedom of Information Act Exemptions 1, 3, and 6, and DENIED WITHOUT PREJUDICE as to Exemption 7 and its subparts. Defendant shall file a supplemental brief with respect to FOIA Exemption 7 and its subparts no later than April 9, 2014. Plaintiff shall respond to Defendant's brief no later than April 23, 2014, and Defendant shall file its Reply no later than April 30, 2014. Signed by Judge Rosemary M. Collyer on March 12, 2014. (lcrmc3) (Entered: 03/12/2014)
2014-03-12		Set/Reset Deadlines/Hearings: Supplemental Brief due by 4/9/2014. Response due by 4/23/2014. Reply due by 4/30/2014. (cdw) (Entered: 03/13/2014)
2014-03-30	20	Unopposed MOTION to Amend/Correct 18 Memorandum & Opinion by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 03/30/2014)
2014-04-01		MINUTE ORDER denying Plaintiff's 20 Unopposed Motion to Amend Memorandum Opinion. Plaintiff wishes to have the Court strike the following sentence from the Court's 18 Memorandum Opinion: "As revealed by Mr. Hardy's Supplemental Declaration, many of Mr. Shapiro's claims are factually inaccurate." The Court intended what the sentence said: the Hardy Supplemental Declaration responded to, and showed that, many of Mr. Shapiro's claims were factually inaccurate. The sentence does not impugn Mr. Shapiro or his counsel. It merely notes that Mr. Shapiro's factual claims were not accurate in light of the averments in the Supplemental Declaration. Signed by Judge Rosemary M. Collyer on April 1, 2014. (lcrmc3) (Entered: 04/01/2014)
2014-04-09	21	SUPPLEMENTAL MEMORANDUM to re 9 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment Pursuant to the Court's March 12, 2014 Order filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Hardy's Third)(Nebeker, William) (Entered: 04/09/2014)
2014-04-23	22	Consent MOTION for Extension of Time to File response to Defendant's supplemental brief by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 04/23/2014)
2014-04-23		MINUTE ORDER GRANTING Plaintiff's 22 Consent Motion for Extension of Time to Respond to Defendant's 21 Supplemental Memorandum. No later than April 24, 2014, Plaintiff shall respond to Defendant's Supplemental Memorandum. Defendant may reply to Plaintiff's Response no later than May 7, 2014. Signed by Judge Rosemary M. Collyer on April 23, 2014. (lcrmc3) (Entered: 04/23/2014)
2014-04-23		Set/Reset Deadlines/Hearings: Response to 21 due by 4/24/2014. Reply due by 5/7/2014. (cdw) (Entered: 04/24/2014)
2014-04-24	23	RESPONSE re 21 Supplemental Memorandum, filed by RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 04/24/2014)
2014-05-08	24	NOTICE OF SUPPLEMENTAL AUTHORITY by RYAN NOAH SHAPIRO (Attachments: # 1 Exhibit 1 - Second Declaration of David Hardy)(Light, Jeffrey) (Entered: 05/08/2014)
2014-06-04		MINUTE ORDER. In light of Defendant's 21 Supplemental Brief and Plaintiff's 23 Response, the Court will conduct an in camera review of the documents being withheld under Freedom of Information Act Exemption 7. No later than June 18, 2014, Defendant shall make arrangements for the Court to review the classified (i.e., unredacted) versions of the documents. Signed by Judge Rosemary M. Collyer on June 4, 2014. (lcrmc3) (Entered: 06/04/2014)
2014-06-18	25	NOTICE Of In CameraSubmission And Supplemental Authority by DEPARTMENT OF JUSTICE re Order, (Nebeker, William) (Entered: 06/18/2014)
2014-10-27	26	NOTICE OF SUPPLEMENTAL AUTHORITY by RYAN NOAH SHAPIRO (Attachments: # 1 Exhibit)(Light, Jeffrey) (Entered: 10/27/2014)
2015-02-02	27	MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on February 2, 2015. (lcrmc3) (Entered: 02/02/2015)
2015-02-02	28	ORDER granting 9 Defendant's Motion for Summary Judgment. This case is closed. Signed by Judge Rosemary M. Collyer on February 2, 2015. (lcrmc3) (Entered: 02/02/2015)
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