Biear v. Attorney General United States

Biear, a federal prisoner, mailed Freedom of Information Act, 5 U.S.C. 552(b)(7)(A), requests to eight components of the Department of Justice, seeking: “Any and all documents and electronic media assembled during any investigation (or review) containing the name James S. Biear (aka J. Steven Biear and James C. Biear), DOB [REDACTED], SSN: [REDACTED].” The Criminal Division replied by requiring him to certify his identity and submit additional information regarding the records. Biear completed the certification of his identity but did not further detail his request. The Criminal Division then denied Biear’s request; the Office of Information Policy affirmed. The FBI initially denied Biear’s request because the records were in an active investigative file, exempt from disclosure. After Biear filed suit, the FBI produced some documents in full and some with redactions; others were withheld as duplicative or containing exempt information that could not be reasonably segregated from nonexempt information. The Third Circuit reversed the district court, concluding that Biear exhausted his administrative remedies with respect to his Criminal Division request; Biear’s request was sufficiently specific. His challenge to the FBI’s response was not mooted by the FBI’s subsequent production of documents. The court should have continued to exercise jurisdiction over Biear’s claim regarding the sufficiency of the FBI’s response. View "Biear v. Attorney General United States" on Justia Law