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Prisology v. Federal Bureau of Prisions

United States District Court, D. Columbia.

November 17, 2014

PRISOLOGY, Plaintiff,
v.
FEDERAL BUREAU OF PRISIONS, Defendant

Page 89

For Prisology, Plaintiff: Jeremy Brian Gordon, LEAD ATTORNEY, LAW OFFICES OF JEREMY GORDON, Mansfield, TX USA.

For Federal Bureau of Prisons, Defendant: Eric Joseph Young, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Civil Division, Washington, DC USA.

Page 90

MEMORANDUM OPINION

AMY BERMAN JACKSON, United States District Judge.

Plaintiff Prisology, Inc. has brought this action against the Federal Bureau of Prisons

Page 91

(" BOP" ), alleging that defendant has failed to make certain records publicly available as it is required to do under the Freedom of Information Act (FOIA), 5 U.S.C. § 552 et seq. (2012). Plaintiff seeks declaratory and injunctive relief pursuant to FOIA and the Administrative Procedure Act (APA), 5 U.S.C. § § 701-706 (2012). Compl. [Dkt. # 1]. Defendant has moved to dismiss under Federal Rule of Civil Procedure 12(b)(1) on the grounds that plaintiff lacks standing to bring the case. Def.'s Mot. to Dismiss (" Def.'s Mot." ) [Dkt. # 8]; Def.'s Mem. in Supp. of Mot. to Dismiss (" Def.'s Mem." ) [Dkt. # 8-1]. Because the Court finds that plaintiff has not sufficiently alleged an injury in fact as required for Article III standing, the Court will grant defendant's motion to dismiss.

BACKGROUND

Plaintiff is a Texas non-profit organization that advocates for criminal justice reform. Compl. ¶ 2. Plaintiff alleges that defendant has failed to comply with the statutory requirement that federal agencies make available via " computer telecommunications" the following types of agency records created on or after November 1, 1996:

(A) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
(B) those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register; [and]
(C) administrative staff manuals and instructions to staff that affect a member of the public . . . ."

Id. ¶ ¶ 5-6, quoting 5 U.S.C. § 552(a)(2). Specifically, plaintiff alleges that defendant " refuses to make available numerous qualifying records via computer telecommunications means," id. ¶ 6, including, but not limited to:

(1) responses to administrative remedy requests and appeals from each BOP institution, Regional Office, and the BOP's Central Office; (2) private settlements outside of litigation between the BOP and its employees, inmates, and other persons; (3) grants and denials of requests for compassionate release; (4) all settlements, compromises, and rejections of claims made pursuant to the Federal Tort Claims Act and Inmate Accident Compensation Program; ...

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