Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the CIA conducted an adequate search for records concerning Michael Kuzma and properly invoked a Glomar response neither confirming nor denying the existence of records pertaining to any classified connection the agency might have with Kuzma. While Kuzma's request asked for all records referring to him, his primary focus was on records and photographs of a protest outside CIA headquarters on January 16, 2010 in which Kuzma participated. The agency searched its National Clandestine Service and its Directorate of Support for responsive records and found no records. By issuing a Glomar response the agency effectively indicated that it would not search any classified records and does not imply any classified connection with Kuzma. After the agency denied Kuzma's administrative appeal, he filed suit. He argued the agency had failed to adequately describe its search because its Vaughn index was insufficient and because it did not identify the agency personnel conducting the search, the search terms used, whether all files likely to contain responsive records were searched, and whether potentially responsive records had been destroyed. Finding the agency's affidavit sufficiently detailed, the court noted that the affidavit "discloses that the threat-assessment unit and individuals acting as 'special policemen' to protect CIA headquarters also searched for any photographs taken during any protests in January 2010." The court observed that "all files likely to contain responsive documents were searched (those in the NCS and DS directorates), the search term used ('Michael Kuzma') [was identified], and no potentially responsive records were ever destroyed or transferred to another agency. This establishes the sufficiency of the CIA's search." Kuzma argued that the agency was "seeking to avoid public embarrassment and conceal its illegal monitoring of domestic political dissent." But the court disagreed, pointing out that "the Vaughn index makes clear that the CIA asserts its Glomar response only as to records pertaining generally to Plaintiff himself. The CIA does not assert a Glomar response concerning the January 16, 2010 protest."
Issues: Adequacy - Search, Determination - Glomar response

Date Filed	Doc #	Docket Text
2013-12-06	1	COMPLAINT against Central Intelligence Agency, filed by Michael Kuzma. (Attachments: # 1 exhibits)(DZ) (Entered: 12/09/2013)
2013-12-06	2	NOTICE, CONSENT, AND REFERENCE of a civil action to a Magistrate Judge (forms attached) (DZ) (Entered: 12/09/2013)
2013-12-06	3	AUTOMATIC REFERRAL to Mediation; ADR Plan (DZ) (Entered: 12/09/2013)
2013-12-06		Summons Issued as to Central Intelligence Agency. (DZ) (Entered: 12/09/2013)
2013-12-31	4	NOTICE of Appearance by Michael S. Cerrone on behalf of Central Intelligence Agency (Cerrone, Michael) (Entered: 12/31/2013)
2013-12-31	5	STIPULATION by Central Intelligence Agency. (Cerrone, Michael) (Entered: 12/31/2013)
2014-01-08	6	TEXT ORDER. The 5 Stipulation for Extension of Time to Answer is HEREBY APPROVED. The Defendant's time to answer or otherwise make motions with respect to the Summons and Complaint is extended to 2/7/2014. Issued by William M. Skretny, Chief Judge U.S.D.C. on 1/8/2014. (CMD) (Entered: 01/08/2014)
2014-01-10	7	AFFIDAVIT of Service for Summons and Complaint served on Valerie T. Rose on December 6, 2013, filed by Michael Kuzma. (Irwin, Daire) (Entered: 01/10/2014)
2014-02-05	8	STIPULATION to Extend Time to Answer or Move by Central Intelligence Agency. (Cerrone, Michael) (Entered: 02/05/2014)
2014-02-07	9	TEXT ORDER. The 8 Stipulation for Extension of Time to Answer is HEREBY APPROVED. The Defendant's time to answer or otherwise make motions with respect to the Summons and Complaint is extended to 4/30/2014. Issued by William M. Skretny, Chief Judge U.S.D.C. on 2/6/2014. (CMD) (Entered: 02/07/2014)
2014-04-30	10	MOTION for Summary Judgment by Central Intelligence Agency. (Attachments: # 1 Affidavit Martha M. Lutz, # 2 Exhibit Exhibits A - E, # 3 Statement of Undisputed Facts, # 4 Memorandum in Support)(Cerrone, Michael) (Entered: 04/30/2014)
2014-05-02	11	SCHEDULING NOTICE on Defendant's 10 Motion for Summary Judgment. Response due by 6/2/2014. Reply due by 6/19/2014. Oral Argument will be scheduled by the Court as necessary. (MEAL) (Entered: 05/02/2014)
2014-06-02	12	First MOTION for Summary Judgment by Michael Kuzma. (Attachments: # 1 Statement of Undisputed Facts, # 2 Statement of Undisputed Facts Plaintiff's Response to Defendant's, # 3 Affidavit Michael Kuzma, # 4 Exhibit Exhibit A of Michael Kuzma Affidavit, # 5 Memorandum in Support)(Irwin, Daire) (Entered: 06/02/2014)
2014-06-19	13	DECLARATION filed by Central Intelligence Agency filed by Central Intelligence Agency. (Cerrone, Michael) (Entered: 06/19/2014)
2014-06-19	14	MEMORANDUM in Support re 12 First MOTION for Summary Judgment , 10 MOTION for Summary Judgment filed by Central Intelligence Agency. (Cerrone, Michael) (Entered: 06/19/2014)
2014-06-19	15	RESPONSE to Motion re 12 First MOTION for Summary Judgment Response to Statement of Undisputed Facts filed by Central Intelligence Agency. (Cerrone, Michael) (Entered: 06/19/2014)
2015-04-16	16	DECISION AND ORDER GRANTING Defendant's 10 Motion for Summary Judgment; DENYING Plaintiff's 12 Motion for Summary Judgment; DIRECTING the Clerk of the Court to close this case. Signed by William M. Skretny, Chief Judge on 4/15/2015. (MEAL) - CLERK TO FOLLOW UP - (Entered: 04/16/2015)
2015-05-07	17	JUDGMENT that Defendants Motion for Summary Judgment is granted. Further, Plaintiffs Motion for Summary Judgment is denied. Signed by Clerk of Court, Michael J. Roemer on 5/7/15. (DZ) (Entered: 05/07/2015)
Hide Docket Events