Garza v. U.S. Marshals Serv.
| Decision Date | 28 September 2018 |
| Docket Number | Civil Action No. 16-0985 (CONSOLIDATED),Civil Action No. 16-0980,Civil Action No. 16-0976 |
| Parties | JORGE LUIS GARZA, Plaintiff, v. U.S. MARSHALS SERVICE, et al., Defendants. |
| Court | U.S. District Court — District of Columbia |
This case brought under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, and the Privacy Act ("Privacy Act" and "PA"), 5 U.S.C. § 552(a), is before the Court on defendants' amended motion for summary judgment ( ) [ECF No. 34], memorandum ( ) [ECF No. 34], statement of material facts ( ) [ECF No. 34-1], and declarations ("Decls.") and exhibits in support ( ) [collectively, ECF Nos. 30-1, 2, 3, 4]. Also before the Court is plaintiff's motion for entry of default and judicial notice ("Mot. for Dflt.") [ECF No. 36], motion for status of case and judicial notice ( ) [ECF No. 44], and second motion for judicial notice ( ) [ECF No. 46]. For the reasons stated herein, defendants' amended motion for summary judgment will be granted as to defendants, the United States Marshals Service, the Federal Bureau of Investigation, and the Drug Enforcement Administration.1 Plaintiff's motion for entry of default and judicial notice will be denied and his motions for status/judicial notice will also be denied.
Plaintiff, Jorge Luis Garza ("plaintiff"), proceeding pro se, is a federal prisoner designated to Hazelton Federal Correctional Institution, located in Bruceton Mills, North West Virginia. Complaint ("USMS Compl.") [ECF No. 1] at caption. Defendants report that plaintiff was charged with various crimes including, among others, conspiracy to launder monetary instruments and conspiracy to distribute cocaine, in the Southern District of Texas. Declaration of David M. Hardy ("Hardy Decl.") at ¶ 6. The public record corroborates this account. See USA v. Vallejo, et. al, no. 4:99-cr-00455-2 (S.D. TX Aug. 29, 1999). Plaintiff was declared a fugitive from the law in August 1999. Hardy Decl. at ¶ 6. Defendants further attest that USMS was tasked with apprehending plaintiff, which was accomplished on July 6, 2001. Id.; USA v. Vallejo, et. al, no. 4:99-cr-00455-2 (S.D. TX Aug. 29, 1999) at Arrest Warrant [ECF No. 192]. He was convicted on January 23, 2003. Hardy Decl. at ¶ 6; USA v. Vallejo, et. al, no. 4:99-cr-00455-2 (S.D. TX Aug. 29, 1999) at Court Verdict [ECF No. 281]. Plaintiff was sentenced on June 10, 2013 to four life sentences, and 240 months to be served concurrently. Plaintiff's Opposition to Summary Judgment ("Pl.'s Opp.") [ECF No. 37] at 2 ¶ 3. USA v. Vallejo, et. al, no. 4:99-cr-00455-2 (S.D. TX Aug. 29, 1999) at Sentencing [ECF No. 299].
Here, plaintiff initially filed three separate complaints in three separate matters, see Garza v. FBI, No. 16-0980 at Complaint ("FBI Compl.") [ECF No. 1], Garza v. DEA, No. 16-0985 at Complaint ("DEA Compl.") [ECF No. 1], and Garza v. USMS, No. 16-0985 at USMS Compl. These cases have since been consolidated in full under Case No. 16-0976. Plaintiff sues the United States Marshals Service ("USMS"), the Drug Enforcement Administration ("DEA"), and the Federal Bureau of Investigation ("FBI"). See FBI Compl. at caption; DEA Compl. at caption; USMS Compl. at caption.
Plaintiff seeks any and all materials relating to his Narcotics and Dangerous Drugs Information System ("NADDIS") number 3944994. DEA Compl. at 1 ¶ 1. He also specifically requests any photographs, surveillance, and fingerprint class/pattern class, used and/or collected in the process of charging him with a "violation of probation" in his underlying criminal matter, USA v. Vallejo, et. al, no. 4:99-cr-00455-2 (S.D. TX Aug. 29, 1999), and/or relating to his arrest, which occurred in North Carolina. Pl.'s Opp. at 2 ¶ 3; Hardy Decl. at ¶ 7; Hardy Ex. A; USA v. Vallejo, et. al, no. 4:99-cr-00455-2 (S.D. TX Aug. 29, 1999) at Arrest Warrant [ECF No. 192], Plaintiff requests copies of any warrant relating to a probation violation, based on a reference to such a charge ("no. 1-5012") on his National Crime Information Center ("NCIC") report and/or affiliated with his NADDIS number. USMS Compl. at 1, 3, 6; FBI Compl. at 1, 3; USMS Compl. Ex. B. Plaintiff contests the idea that he was ever a "probation violator" and objects to such characterization on his personal background reports and with his current NADDIS number. Plaintiff's Surreply ("Pl.'s Surreply") [ECF No. 43] at 1-2. Defendants have apparently recently corrected a particular portion of plaintiff's record at his request and in this regard. Id.; Defendants' Reply to Opposition ( ) [ECF No. 40] at 2 ¶ 2, 2 n.1; Pl.'s Mot. for Dflt. Ex. A. The exact nature of the correction is not entirely clear from the record, nor does it appear to be material to this FOIA/PA action. See id. Plaintiff continues to allege that defendants have either failed to conduct an adequate search and/or are improperly withholding his requested records. USMS Compl. at 1-3, 5-6; FBI Compl. at 1-4; DEA Compl. at 1-3, 5; Pl.'s Opp. at 2 ¶ 3.
On March 31, 2010, plaintiff sent a FOIA/PA request regarding his person to USMS. Declaration of William E. Bordley ("Bordley Decl.") at ¶ 2; Bordley Ex. A. By letter dated June 27, 2011, USMS acknowledged plaintiff's FOIA request ("First USMS Request" and "First USMSRequest No. 2011-USMS-16960") and indicated that a search for responsive records would be conducted. Bordley Decl.at ¶ 3; Bordley Ex. B.
On December 27, 2010, plaintiff submitted another FOIA/PA request, this time directed to the Executive Office of United States Attorneys ("EOUSA"). Hardy Decl. at ¶ 7; Hardy Ex. A. After review, and very shortly thereafter, EOUSA determined that the request was appropriate for the FBI, and referred it for handling and direct response to plaintiff. Id. Plaintiff specifically requested: (1) case number for probation violation and original case, (2) personal identifiers of arrestee (such as any available descriptions and photographs), and (3) fingerprint class and pattern class. Id.
By letter dated February 10, 2011, the FBI acknowledged receipt of plaintiff's request ("FBI Request" and "FBI Request No. 1161297-000"). Hardy Decl. at ¶ 8; Hardy Ex. B. In the letter, the FBI advised plaintiff that it required additional identifying information in order to conduct a search within the Central Records System ("CRS"). Id. The FBI also enclosed a Certification of Identity Form ("DOJ-361 form"), to be completed by plaintiff. Id.
On March 3, 2011, plaintiff returned the executed the DOJ-361 form. Plaintiff provided his full legal name as, "Guillermo Huertas Sanchez," as well as other personal identifiers such as his current address, date of birth, and place of birth. Hardy Decl. at ¶ 9; Hardy Ex. C. Plaintiff also included a copy of his Criminal Information Report ("CIR"). Id. On March 22, 2011, the FBI acknowledged receipt of the additional requested information, and advised plaintiff that it would be undertaking a search of CRS for information responsive to his FBI Request. Hardy Decl. at ¶ 10; Hardy Ex. C. On May 23, 2011, plaintiff inquired regarding the status of his FBI Request. Hardy Decl. at ¶ 11; Hardy Ex. E.
By letter dated June 24, 2011, the FBI responded to FBI Request No. 1161297-000. It reviewed 137 pages and released 81 pages, in full or in part. Hardy Decl. at ¶ 12; Hardy Ex. F. The FBI cited Privacy Act Exemption, 5 U.S.C. § 552a(j)(2) ("Exemption (j)(2)"), as well as FOIA Exemptions 5 U.S.C. § 522(b)(1) ("Exemption 1"), 5 U.S.C. § 522(b)(6) ("Exemption 6"), 5 U.S.C. § 552(b)(7)(C) ("Exemption 7(C)"), and 5 U.S.C. § 552(b)(7)(D) ("Exemption 7(D)"). Id. FBI also referred seven documents, totaling 52 pages, to DEA. Id. at ¶ 12; Hardy Ex. F; Declaration of Katherine L. Myrick ("Myrick Decl.") at ¶ 5; Myrick Ex. A. Additionally, it sent a "one-page" FBI-originating document for consultative review by DEA, with instructions to return it to the FBI after such review. Id.
On July 6, 2011, plaintiff appealed the response to FBI Request No. 1161297-000 to OIP. Hardy Decl. at ¶ 13; Hardy Ex. G. In a letter dated July 27, 2011, OIP acknowledged receipt of plaintiff's appeal ("FBI Appeal" and "FBI Appeal No. AP-2011-02517"). Hardy Decl. at ¶ 14; Hardy Ex. H. On September 30, 2011, OIP determined that the FBI properly withheld information pursuant to Exemptions 6, 7(C), and 7(D). Hardy Decl. at 15; Hardy Ex. I. OIP referred the information withheld pursuant to Exemption 1 to DOJ's Review Committee ("DRC") to determine if the information should remain classified under Executive Order No. 13526. Id.
By letter dated July 21, 2011, USMS responded to First USMS Request No. 2011-USMS-16960. Bordley Decl. at ¶ 7; Bordley Ex. C. USMS searched its files and found 77 pages indexed to plaintiff's name and personal identifiers. Id. USMS released the 77 pages to plaintiff, 29 in full, and 48 with redactions. Id. USMS cited Exemption 7(C) for its withholdings. Id. By letter dated July 27, 2011, plaintiff filed an administrative appeal ("First USMS Appeal" and "USMS Appeal No. AP-2011-02817") with OIP regarding the response to his First USMS Request. Bordley Decl. at ¶ 8; Bordley Exs. D, E.
On October 18, 2011, plaintiff submitted a second FOIA/PA request ("Second USMS Request" and "Second USMS Request No. 2011-USMS-16960") to USMS. Bordley Decl. at ¶ 10; Bordley Ex. F. Approximately three months before making this Second USMS Request, and following the indictment in the Southern District of Texas, plaintiff was arrested by the USMS and placed within its custody. Pl.'s Opp. at 2 ¶ 3; Hardy Decl. at ¶ 7; Hardy Ex. A; Bordley Decl. at ¶¶ 10, 11; Bordley Ex. F; Id; USA v. Vallejo, et. al, no. 4:99-cr-00455-2 (S.D. TX Aug. 29, 1999) at Arrest Warrant [ECF No. 192]. Plaintiff's Second USMS Request sought the release of any arrest warrant relating to a violation of probation, prompting this arrest. Bordley Decl. at ¶¶ 10, 11...
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