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Case TitlePinnicchia v. United States Department of Veterans Affairs
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2017cv02139
Date Filed2017-12-21
Date Closed2019-03-25
JudgeJudge Victor A. Bolden
PlaintiffJohn Pinnicchia
Case DescriptionJohn Pinnicchia submitted a FOIA request to the Department of Veterans Affairs concerning a VA police report pertaining to an investigation in which Pinnicchia was accused of employment-related improprieties, but was exonerated. The agency disclosed the report, but redacted everything but Pinnicchia's name. Pinnicchia filed an administrative appeal. The agency upheld the denial of the records. Pinnicchia then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUnited States Department of Veterans Affairs
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [30]
FOIA Project Annotation: A federal court in Connecticut has ruled that the Department of Veterans Affairs properly withheld the identity on an individual who alleged that he was threatened by John Pinnicchia under Exemption 7(C) (invasion of privacy concerning law enforcement records). Pinnicchia was suspended with pay pending an investigation of the charges. The police investigated the incident and Pinnicchia was exonerated but his accuser was not identified. Pinnicchia made a request for the police report. The VA provided a copy of the report with redactions, including the accuser's identity. Pinnicchia argued that the investigation involved only a workplace incident involving government workers and that there was no inherent privacy interest in the records. The court rejected Pinnicchia's claim that disclosure would be in the public interest. Instead, the court noted that "the unredacted information already informed Mr. Pinnicchia of what 'the government was up to;' it was investigating this complaint about his alleged conduct, a complaint ultimately dismissed in his favor. As a result, Mr. Pinnicchia's request is not a matter of public interest in the activities of government, but rather a personal one, an interest that does not further the public's interest when weighed against the countervailing privacy interests at issue."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-12-211COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-4656118.), filed by John Pinnicchia. (Attachments: # 1 Exhibit 1)(Williams, John) (Entered: 12/21/2017)
2017-12-212NOTICE of Appearance by John R. Williams on behalf of John Pinnicchia (Williams, John) (Entered: 12/21/2017)
2017-12-21Request for Clerk to issue summons as to All Defendants. (Williams, John) (Entered: 12/21/2017)
2017-12-21Request for Clerk to issue summons as to All Defendants. (Williams, John) (Entered: 12/21/2017)
2017-12-21Judge Victor A. Bolden added. (Oliver, T.) (Entered: 12/22/2017)
2017-12-214ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 12/21/2017.(Perez, J.) (Entered: 12/22/2017)
2017-12-215STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 12/21/2017.(Perez, J.) (Entered: 12/22/2017)
2017-12-223Order on Pretrial Deadlines: Motions to Dismiss due on 3/21/2018. Amended Pleadings due by 2/20/2018; Discovery due by 6/23/2018; Dispositive Motions due by 7/23/2018. Signed by Clerk on 12/21/2017.(Perez, J.) (Entered: 12/22/2017)
2017-12-226NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-representing parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 5 Protective Order, 4 Electronic Filing Order, 3 Order on Pretrial Deadlines, 2 Notice of Appearance filed by John Pinnicchia, 1 Complaint filed by John Pinnicchia Signed by Clerk on 12/22/2017.(Perez, J.) (Entered: 12/22/2017)
2017-12-227ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *United States Department of Veterans Affairs* with answer to complaint due within *60* days. Attorney *John R. Williams* *51 Elm St., Ste. 409* *New Haven, CT 06510*. (Perez, J.) (Entered: 12/22/2017)
2018-01-038SUMMONS Returned Executed by John Pinnicchia. United States Department of Veterans Affairs served on 12/29/2017, answer due 1/19/2018. (Attachments: # 1 Marshal Return, # 2 Marshal Return, # 3 Marshal Return, # 4 Return of Service)(Williams, John) (Entered: 01/03/2018)
2018-01-269SUMMONS Returned Executed by John Pinnicchia. (Attachments: # 1 Supplement Return of Service, # 2 Supplement Return of Service)(Williams, John) (Entered: 01/26/2018)
2018-01-2910NOTICE of Appearance by John W. Larson on behalf of United States Department of Veterans Affairs (Larson, John) (Entered: 01/29/2018)
2018-01-2911ANSWER to 1 Complaint by United States Department of Veterans Affairs.(Larson, John) (Entered: 01/29/2018)
2018-07-1312MOTION for Summary Judgment by United States Department of Veterans Affairs.Responses due by 8/3/2018 (Attachments: # 1 Memorandum in Support)(Larson, John) (Entered: 07/13/2018)
2018-07-1313Statement of Material Facts re 12 MOTION for Summary Judgment filed by United States Department of Veterans Affairs. (Attachments: # 1 Declaration of Quinn D. Martin, # 2 Exhibit A - FOIA Request, # 3 Exhibit B - Acknowledgment, # 4 Exhibit C - IAD, # 5 Exhibit D - Record as Produced, # 6 Exhibit E - FAD, # 7 Exhibit F - Unredacted Record (subject to motion to seal))(Larson, John) (Entered: 07/13/2018)
2018-07-1314Sealed Document: Exhibit F to Martin Declaration by United States Department of Veterans Affairs re 13 Statement of Material Facts, . (Larson, John) (Entered: 07/13/2018)
2018-07-1315MOTION to Seal Exhibit F to Martin Declaration by United States Department of Veterans Affairs. (Larson, John) (Entered: 07/13/2018)
2018-07-1516ORDER granting 15 Motion to Seal. The Court finds that good cause exists to seal these documents and that sealing is supported by clear and compelling reasons and is narrowly tailored to serve those reasons. See D. Conn. L. Civ. R. 5(e). Signed by Judge Victor A. Bolden on 7/15/2018. (Riegel, J.) (Entered: 07/15/2018)
2018-07-2217Memorandum in Opposition re 12 MOTION for Summary Judgment filed by John Pinnicchia. (Attachments: # 1 Statement of Material Facts)(Williams, John) (Entered: 07/22/2018)
2018-08-0618REPLY to Response to 12 MOTION for Summary Judgment filed by United States Department of Veterans Affairs. (Larson, John) (Entered: 08/06/2018)
2018-12-1719NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion for Summary Judgment Hearing set for 1/9/2019 10:00 AM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Victor A. Bolden. (Washington, Gregory) (Entered: 12/17/2018)
2018-12-2620Consent MOTION to Continue Hearing on Motion for Summary Judgment by United States Department of Veterans Affairs. (Larson, John) (Entered: 12/26/2018)
2018-12-2721ORDER granting 20 Motion to Continue. Signed by Judge Victor A. Bolden on 12/27/2018. (Washington, Gregory) (Entered: 12/27/2018)
2018-12-2722NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM January 9, 2019 motion for summary judgment hearing . Summary Judgement Hearing now set for 1/24/2019 03:00 PM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Victor A. Bolden. (Washington, Gregory) (Entered: 12/27/2018)
2019-01-1823NOTICE of Appearance by Rose Longo-McLean on behalf of John Pinnicchia (Longo-McLean, Rose) (Entered: 01/18/2019)
2019-01-1824Consent MOTION to Continue by United States Department of Veterans Affairs. (Larson, John) (Entered: 01/18/2019)
2019-01-2225ORDER granting 24 Motion to Continue. Signed by Judge Victor A. Bolden on 1/22/2019. (Washington, Gregory) (Entered: 01/22/2019)
2019-01-2226NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM January 24, 2019 Motion for Summary Judgment Hearing . 12 MOTION for Summary Judgment Hearing set for 2/12/2019 03:00 PM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Victor A. Bolden. (Washington, Gregory) (Entered: 01/22/2019)
2019-02-1227NOTICE: Due to expected inclement weather, the Court will postpone the February 12, 2019 Motion for Summary Judgment hearing. The parties are directed to confer with each other regarding the date and time of future hearing date that works for both parties and jointly file no less than three suggested alternative dates with the Court. (Washington, Gregory) (Entered: 02/12/2019)
2019-02-12*** Motion for Summary Judgment hearing terminated. Signed by Judge Victor A. Bolden on 2/12/2019.(Washington, Gregory) (Entered: 02/12/2019)
2019-02-1328NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion for Summary Judgment Hearing set for 3/6/2019 02:00 PM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Victor A. Bolden. (Washington, Gregory) (Entered: 02/13/2019)
2019-03-04Set Hearing: Courtroom change. Summary Judgment Motion Hearing set for 3/6/2019 02:00 PM in Courtroom One (4th floor), 915 Lafayette Blvd., Bridgeport, CT before Judge Victor A. Bolden. (Washington, Gregory) (Entered: 03/04/2019)
2019-03-0629Minute Entry for proceedings held before Judge Victor A. Bolden: Motion Summary Judgment Hearing held on 3/6/2019. Total Time: 0 hours and 30 minutes.(Court Reporter S. Montini.) (Washington, Gregory) (Entered: 03/06/2019)
2019-03-1330ORDER granting 12 Motion for Summary Judgment. Signed by Judge Victor A. Bolden on 3/13/2019. (Washington, Gregory) (Entered: 03/13/2019)
2019-03-2531JUDGMENT entered in favor of United States Department of Veterans Affairs against John Pinnicchia. For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 3/25/2019.(Perez, J.) (Entered: 03/25/2019)
2019-03-25JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Perez, J.) (Entered: 03/25/2019)
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by FOIA Project Staff
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