Librach v. Federal Bureau of Investigation, 78-1671
| Decision Date | 03 November 1978 |
| Docket Number | No. 78-1671,78-1671 |
| Citation | 587 F.2d 372 |
| Parties | Burton A. LIBRACH, Appellant, v. FEDERAL BUREAU OF INVESTIGATION et al., Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Ronald L. Rothman, Clayton, Mo., argued, for appellant; Ronald L. Rothman & Associates, P. C., Clayton, Mo., and John J. Relles, St. Louis, Mo., filed brief.
Mark A. Helfers, Asst. U. S. Atty. (argued), and Robert D. Kingsland, U. S. Atty., St. Louis, Mo., filed brief for appellees.
Before ROSS and McMILLIAN, Circuit Judges, and LARSON, * Senior District Judge.
This matter is before the court upon the petition of Burton A. Librach for a writ of mandamus to compel the Honorable H. Kenneth Wangelin, United States District Judge for the Eastern District of Missouri, to order the release and disclosure of certain files requested by Librach under the Freedom of Information Act (FOIA), 5 U.S.C. § 552.
On October 19, 1978, we remanded this action to the district judge for an explanation in greater detail of his ruling of September 13, 1978, holding portions of the requested documents exempt from disclosure.
Judge Wangelin has issued a revised order identifying (1) the documents in terms of the agencies which furnished them, (2) the portions to be released by page number, (3) the exemptions applicable to the withheld material, and (4) the reasons for upholding those exemptions.
With respect to the FBI materials, the district court denied access only to portions of investigatory records containing the names of persons who were investigated for suspected criminal activity or who are otherwise mentioned therein, but who were not indicted or tried. We find that the court correctly applied exemption 5 U.S.C. § 552(b)(7)(C) to protect the named persons from a clearly unwarranted invasion of personal privacy. The same names were properly withheld from the materials provided by the Department of Justice.
The district court properly withheld a medical file for which the Department of Justice claimed exemption 5 U.S.C. § 552(b)(6), which exempts " * * * medical files * * * the disclosure of which would constitute a clearly unwarranted invasion of personal privacy."
The court also upheld, under exemption 5 U.S.C. § 552(b)(3), comments on grand jury testimony and a tax return restricted from disclosure by Fed.R.Crim.P. 6(e) and 26 U.S.C. § 6103. We find no error in Judge Wangelin's determination with respect to these documents.
The district court applied exemptions 5...
To continue reading
Request your trial
-
Berry v. Department of Justice
...Archives and Records Svc., 656 F.2d 856, 867 (D.C.Cir.1981); Thomas v. United States, 597 F.2d 656, 657 (8th Cir.1979); Librach v. FBI, 587 F.2d 372, 373 (8th Cir.1978), cert. denied, 440 U.S. 910, 99 S.Ct. 1222, 59 L.Ed.2d 459 (1979); Malizia v. Department of Justice, 519 F.Supp. 338 (S.D.......
-
Fund for Constitutional Government v. National Archives and Records Service
...108 U.S.App.D.C. 199, 209, 647 F.2d 1328, 1338 (1980); Kuehnert v. FBI, 620 F.2d 662, 667 (8th Cir. 1980) (citing Librach v. FBI, 587 F.2d 372, 373 (8th Cir. 1978), cert. denied, 440 U.S. 910, 99 S.Ct. 1222, 59 L.Ed.2d 459 (1979); Maroscia v. Levi, 569 F.2d 1000, 1002 (7th Cir. 1977)). Havi......
-
Marriage of Daniels, In re
...United States v. Orzechowski (7th Cir.1976), 547 F.2d 978, 983-84 (test methods for determining isomers of cocaine); Librach v. FBI (8th Cir.1978), 587 F.2d 372, 373 (information about the FBI's witness protection program); Malloy v. United States Dept. of Justice (D.D.C.1978), 457 F.Supp. ......
-
Dunaway v. Webster, C-77-0907 RFP.
...Malloy v. United States Department of Justice, 457 F.Supp. 543, 546 (D.D.C.1978) (names of bank robbery suspects); Librach v. F.B.I., 587 F.2d 372, 373 (8th Cir. 1978), cert. denied, 440 U.S. 910, 99 S.Ct. 1222, 59 L.Ed.2d 459 (1979); Pacheco v. F.B.I., 470 F.Supp. 1091, 1099 (D.P.R.1979). ......