79 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,388 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,459 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,199 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
U.S. Dept. of Justice v. Reporters Committee
489 U.S. 749 (1989) Cited 1,919 times 1 Legal Analyses
Holding that disclosure of "[o]fficial information that sheds light on an agency's performance of its statutory duties falls squarely within [FOIA's] statutory purpose"
United States Department of Defense v. Federal Labor Relations Authority
510 U.S. 487 (1994) Cited 666 times 1 Legal Analyses
Holding that, although the requesting unions' interest in obtaining the home addresses of agency employees “might allow the unions to communicate more effectively with employees, ... it would not appreciably further the citizens' right to be informed about what their government is up to”
Nat'l Labor Relations Bd. v. Robbins Tire & Rubber Co.
437 U.S. 214 (1978) Cited 951 times 4 Legal Analyses
Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”
Department of State v. Washington Post Co.
456 U.S. 595 (1982) Cited 732 times
Holding that the terminology of "personnel and medical files and similar files" must be read broadly
Department of Justice v. Landano
508 U.S. 165 (1993) Cited 459 times
Holding that the government is not entitled to the presumption that all sources supplying information to FBI in course of criminal investigation are confidential sources within meaning of section of FOIA exempting agency records compiled for law enforcement purposes
SafeCard Servs., Inc. v. SEC
926 F.2d 1197 (D.C. Cir. 1991) Cited 1,700 times
Holding that information in law enforcement records identifying private individuals is exempt from disclosure unless release is necessary to "confirm or refute compelling evidence that the agency is engaged in illegal activity"
Oglesby v. U.S. Dept. of Army
920 F.2d 57 (D.C. Cir. 1990) Cited 1,544 times
Holding that FOIA administrative exhaustion requirement is jurisdictional
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,986 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 552 - Public information; agency rules, opinions, orders, records, and proceedings
5 U.S.C. § 552 Cited 12,179 times 556 Legal Analyses
Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,051 times 17 Legal Analyses
Permitting the use of declarations instead
Section 552a - Records maintained on individuals
5 U.S.C. § 552a Cited 4,438 times 47 Legal Analyses
Finding that it is a Department of Justice component that has as its principal function the enforcement of criminal laws includ[ing] correctional authorities
Section 2510 - Definitions
18 U.S.C. § 2510 Cited 4,254 times 79 Legal Analyses
Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"
Section 2518 - Procedure for interception of wire, oral, or electronic communications
18 U.S.C. § 2518 Cited 2,897 times 13 Legal Analyses
Recognizing that some investigative techniques may be “too dangerous”
Section 16.3 - Requirements for making requests
28 C.F.R. § 16.3 Cited 139 times
Explaining that, to obtain records held by an FBI field office, the requester must write directly to that office
Section 16.81 - Exemption of United States Attorneys Systems-limited access
28 C.F.R. § 16.81 Cited 37 times
Enumerating systems of records at U.S. Attorney's Offices pursuant to 5 U.S.C. § 552a(j)

Viola v. United States Department of Justice et al

79 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding that disclosure of "[o]fficial information that sheds light on an agency's performance of its statutory duties falls squarely within [FOIA's] statutory purpose"

Holding that, although the requesting unions' interest in obtaining the home addresses of agency employees “might allow the unions to communicate more effectively with employees, ... it would not appreciably further the citizens' right to be informed about what their government is up to”

Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”

Holding that the terminology of "personnel and medical files and similar files" must be read broadly

Holding that the government is not entitled to the presumption that all sources supplying information to FBI in course of criminal investigation are confidential sources within meaning of section of FOIA exempting agency records compiled for law enforcement purposes

Holding that information in law enforcement records identifying private individuals is exempt from disclosure unless release is necessary to "confirm or refute compelling evidence that the agency is engaged in illegal activity"

Holding that FOIA administrative exhaustion requirement is jurisdictional

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

Permitting the use of declarations instead

Finding that it is a Department of Justice component that has as its principal function the enforcement of criminal laws includ[ing] correctional authorities

Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"

Recognizing that some investigative techniques may be “too dangerous”

Explaining that, to obtain records held by an FBI field office, the requester must write directly to that office

Enumerating systems of records at U.S. Attorney's Offices pursuant to 5 U.S.C. § 552a(j)