Pinson v. Dep't of Justice

• Decision Date: 23 May 2018
• Docket Number: Civil Action No.: 12–1872 (RC)
• Citation: 313 F.Supp.3d 88
• Parties: Jeremy PINSON, Plaintiff, v. DEPARTMENT OF JUSTICE, et al., Defendants.
• Court: U.S. District Court — District of Columbia

313 F.Supp.3d 88

Jeremy PINSON, Plaintiff,

v.DEPARTMENT OF JUSTICE, et al., Defendants.

Civil Action No.: 12–1872 (RC)

United States District Court, District of Columbia.

Signed May 23, 2018

Theodore C. Whitehouse, Catherine Fata, Kristian L. Hinson, Mirela Emilova Missova, Robert A. Gomez, Willkie Farr & Gallagher LLP, Washington, DC, Samuel P. Philipsek, Pro Hac Vice, Willkie Farr & Gallagher, LLP, New York, NY, for Plaintiff.

Damon William Taaffe, Eric Joseph Young, Carl Ezekiel Ross, Daniel Patrick Schaefer, Jesse Dyer Stewart, U.S. Attorney's Office for the District of Columbia, Washington, DC, for Defendants.

MEMORANDUM OPINION

GRANTING IN PART AND DENYING IN PART DEFENDANTS' FOURTH MOTION FOR SUMMARY JUDGMENT

RUDOLPH CONTRERAS, United States District Judge

Jeremy Pinson is a pro se plaintiff who, while in prison, has filed multiple Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, requests seeking records from various components of the United States Department of Justice ("DOJ"). DOJ has filed its fourth motion for summary judgment on Pinson's requests to the Federal Bureau of Prisons ("BOP"), claiming that it has performed adequate searches for records responsive to Pinson's requests, released a number of records, and informed Pinson that some of the records she¹ sought were exempt from disclosure by law. Pinson did not file an opposition to DOJ's motion.

In its prior opinions, this Court has granted in part and denied in part DOJ's first, second, and third motions for summary judgment as to claims against BOP. See Pinson v. U.S. Dep't of Justice , No. 12-1872, 2016 WL 29245, at *1 (D.D.C. Jan. 4, 2016) ; Pinson v. U.S. Dep't of Justice , 199 F.Supp.3d 203 (D.D.C. 2016) ; Pinson v. U.S. Dep't of Justice , 236 F.Supp.3d 338 (D.D.C. 2017). Now before the Court is DOJ's fourth motion for summary judgment as to the ten remaining FOIA requests to BOP.² See Defs.' 4th Mot. Summ. J. Respect BOP ("Defs.' 4th MSJ"), ECF No. 403. DOJ argues that BOP has conducted searches reasonably calculated to identify records responsive to Pinson's requests and has released to Pinson those records not withheld pursuant to the applicable FOIA exemptions. See Defs.' Mem. P. & A. ("Defs.' Mem.") at 4, ECF No. 403–1. For the reasons set forth below, the Court grants in part and denies in part DOJ's motion for summary judgment.

I. FACTUAL BACKGROUND

The Court has already explained the factual background in this case in its first Memorandum Opinion. See Pinson , 2016 WL 29245, at *1–8. The Court assumes familiarity with its prior opinion and confines its discussion to the facts most relevant to the present motion. The current motion concerns BOP's searches for records responsive to Requests Nos. 2011–7156, 2012–39, 2012–40, and 2013–1684; BOP's withholding of records responsive to such requests pursuant to several FOIA exemptions; and BOP's reprocessing of Request Nos. 2010–12533, 2011–1351, 2011–1886, 2011–2366, 2011–7619, 2012–39,³ and 2012–975.

A. Request Nos. 2011–7156, 2012–39, and 2012–40 (E-mail Searches)

Request No. 2012–40 and the portions of Request Nos. 2011–7156 and 2012–39 that were not yet processed at the time of this Court's third memorandum opinion concern certain BOP email records. BOP initially could not perform a search of its email archives due to technical problems, but in October 2016, the search tool was fixed and BOP subsequently performed searches for responsive records. See Pinson , 236 F.Supp.3d at 356–57. However, at the time of DOJ's third request for summary judgment, Pinson had not yet received a response because the search results were still being evaluated for potential FOIA exemptions. See id. at 357. Thus, this Court deemed that summary judgment as to the email portions of these requests was "still not appropriate because the agency has not yet fully discharged its FOIA obligation." Id. BOP has since completed evaluating these records for potential exemptions and responded to Pinson.

In Request No. 2011–7156, Pinson sought, among other records,⁴ "emails between Central Office staff regarding [her] ADX referral" and "emails between SERO Regional staff regarding [her] ADX referral." 7th Decl. of Kara Christenson ("7th Christenson Decl.") ¶ 8, ECF No. 403–3. Pinson limited her request to no more than two hours search time and no more than 100 pages. Id. After completing its search, BOP responded to Pinson in a letter dated February 28, 2017, informing her that there were no records responsive to her request for emails. See id. ¶ 11 & Ex. B. DOJ now moves for summary judgment on the grounds that BOP's search was "reasonably calculated to uncover all documents in its files responsive to [Pinson's] requests." Defs.' Mem. at 4.

In Request No. 2012–39, Pinson sought, among other records,⁵ "[a]ll emails, memorandums by ADX Florence Executive Staff and/or Department Supervisors written or generated in connection with the 2011 Accreditation review by the ACA and/or making reference or mentioning such review." 7th Christenson Decl. ¶ 12 & Ex. C. Pinson limited this request to no more than two hours search time and no more than 100 pages. 7th Christenson Decl. ¶ 12. In a letter dated April 6, 2017, BOP responded to Pinson's request and released seventy-five pages of records in full and eighteen pages in part. Id. ¶ 16 & Ex. D. Under Exemption 6, BOP withheld the "telephone extensions and direct telephone numbers of Bureau staff"; "the names of third-party, non-BOP employees who would be conducting an ACA audit"; and "the name of a third-party, non-BOP employee who assisted with a pre-ACA audit." Id. ¶¶ 19–21; Vaughn Index at 1–3, ECF No. 403–3. BOP also invoked Exemption 7 to withhold "information ... related to the institution's policies [on] tools and keys." 7th Christenson Decl. ¶¶ 26–27; Vaughn Index at 1–3. DOJ now moves for summary judgment on the grounds that BOP's search was adequate and that it released to Pinson all non-exempt records responsive to her request. See Defs.' Mem. at 4.

In Request No. 2012–40, Pinson sought "production of all emails sent by the North Central Regional Director and Warden of the U.S. Penitentiary Administrative Maximum during 2011." 7th Christenson Decl. ¶ 28. Pinson limited this request to no more than two hours search time and no more than 100 pages. Id. In a letter dated February 28, 2017, BOP informed Pinson that there were no records responsive to her request. Id. ¶ 31 & Ex. G. DOJ now moves for summary judgment on the grounds that BOP's search was "reasonably calculated to uncover all documents in its files responsive to [Pinson's] requests." Defs.' Mem. at 4.

B. Request No. 2013–1684

In November 2011, Pinson requested "production of all information produced on or after February 25, 2011 which is located in the Central File, SIS File, and any other file maintained on Jeremy Pinson." 7th Christenson Decl. ¶ 32 & Ex. H. After an initial fee was assessed, Pinson modified her request to no longer seek documents from her Central File on or before October 1, 2014, or her SIS file between February 25, 2011 and October 2013. Id. ¶ 33 & Ex. I. In a letter dated October 23, 2017, BOP responded to Pinson's request and released 13,690 pages of records in full and 1481 pages of records in part, and it withheld 2,325 pages in full. Id. ¶ 45 & Ex. L.

Claiming both Exemptions 6 and 7(C), BOP withheld "the names, register numbers, medical information, statements made to law enforcement officers, and correctional management of third-party inmates"; "the names, injuries and other medical information, photographs of their faces, injuries and property, and employment information for [BOP] staff"; "the names of staff who participated in calculated uses of force and their role on the team"; "the Daily Assignment Rosters for institutions"; "the telephone extensions, direct numbers, and facsimile extensions of Bureau staff"; "the names and personal identifying information of individuals associated with a statute-based programming assignment used to manage Pinson"; and "the name of a criminal Assistant U.S. Attorney and the names of law enforcement investigative agents associated" with certain agencies, as well as their "contact information, such as telephone numbers, e-mail addresses, and addresses." 7th Christenson Decl. ¶¶ 53–72.

Using Exemption 7(E), BOP withheld "information ... consist[ing] of the Central Inmate Monitoring (CIM), separations, and other internal assignments used to classify and monitor Pinson and other third-party inmates"; "discussions of gang and informant activity within the [BOP]"; "techniques for investigating criminal activity within a prison facility [and] factual information developed using these underlying techniques"; "documents associated with a statute-based programming assignment used to manage Pinson"; "steps used to resolve major crises in a Bureau facility"; "description of the Bureau's calculated use of force technique and a photo of the technique being used"; and "investigative reports from an intelligence database used by BOP staff during law enforcement investigations." Id. ¶¶ 81–96.

Using Exemption 7(F), BOP withheld "factual information [which], if known, would adversely affect Pinson's safety"; "the Bureau's monitoring and classification assignments for Pinson and third-party inmates"; " 'yes' and 'no' response areas to [certain] questions on an Intake Screening Form"; "a portion of Pinson's Administrative Detention Order Forms that elaborates on the reason for removal from general population"; "techniques for investigating criminal activity within a prison facility"; "the names and register numbers of third-party inmates from whom ... Pinson needed to be separated"; "documents associated with a statute-based programming assignment used to manage Pinson"; "the institution's policies [on] tools and keys"; "photographs of locks on cell door and hand restraints"; "steps used to resolve major crises in a Bureau facility"; " 'yes' or 'no' response areas to...