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Prison Legal News v. Samuels

United States District Court, District of Columbia

July 23, 2013

PRISON LEGAL NEWS, Plaintiff,
v.
CHARLES E. SAMUELS, JR., [1] Director, Federal Bureau of Prisons, Defendant

Page 22

[Copyrighted Material Omitted]

Page 23

For PRISON LEGAL NEWS, Plaintiff: Ronald G. London, LEAD ATTORNEY, DAVIS WRIGHT TREMAINE, LLP, Washington, DC; Lance T. Weber, PRO HAC VICE, HUMAN RIGHTS DEFENSE CENTER, Brattleboro, VT.

For HARLEY G. LAPPIN, Director FEDERAL BUREAU OF PRISONS, Defendant: Wyneva Johnson, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE FOR D.C., Washington, DC.

OPINION

Page 24

REGGIE B. WALTON, UNITED STATES DISTRICT JUDGE.

MEMORANDUM OPINION

The plaintiff, Prison Legal News, filed this Freedom of Information Act (" FOIA" ), 5 U.S.C. § 552 (2006), action in 2005. Currently before the Court are the Plaintiff's Fifth Motion for Summary Judgment (" Pl.'s Mot." ) and the Defendant's Cross Motion for Summary Judgment and Opposition to the Plaintiff's Fifth Motion for Summary Judgment (" Def.'s Mot." ). For the reasons stated below, the Court will grant the defendant's motion, and deny the plaintiff's motion.[2]

I. BACKGROUND

The following facts are undisputed.[3] In 2003, the plaintiff, Prison Legal News, a non-profit legal journal, filed a FOIA request with the Bureau of Prisons in which it sought:

(A)ll documents showing all money paid by the Bureau of Prisons (BOP) for lawsuits and claims against it. This is all funds paid out to claimants/litigants between January 1, 1996 through and including July 31, 2003. I am requesting a copy of the verdict, settlement or claim in each case showing the dollar amount paid, the identity of the plaintiff/claimant and the legal identifying information for each lawsuit or claim or attorney fee award. I am also requesting a copy of the complaint (if it was a lawsuit) or the claim (if it was not) in each incident which describes the underlying facts of each lawsuit and claim.

Pl.'s Facts ¶ 2. The defendant " produced approximately 11,000 pages in response to [the plaintiff's] FOIA request. 8,468 pages were produced without redaction and 2,993 pages were released with redactions." Id. ΒΆ 4. As outlined in prior memorandum opinions and orders issued by this Court in this litigation, the defendant ...


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