United States Second Circuit

In view of the Supreme Court's decision in Buckhannon Bd. & Care Home v. West Virginia Dep't of Health & Human Res., 532 U.S. 598 (2001), a plaintiff in an action brought under the Freedom of Information Act cannot recover an award of attorney-s fees where, despite achieving the release of the requested information, it does not secure any judicially sanctioned relief such as a judgment on the merits or a court-ordered consent decree.

Appellate Information

• Argued 03/12/2003
• Decided 07/16/2003
• Published 07/16/2003

Judges

• MESKILL, Circuit Judge., Before:  OAKES, MESKILL and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Ranjana Natarajan, Washington Square Legal Services, Inc., New York City (Michael Wishnie, Washington Square Legal Services, Inc., New York City, of counsel), for Appellant.


• For Appellees:
  
• Edward Scarvalone, Assistant United States Attorney, Southern District of New York, New York City (James B. Comey, United States Attorney for the Southern District of New York, Gideon A. Schor, Assistant United States Attorney, Southern District of New York, New York City, of counsel), for Appellee.