United States Ninth Circuit

In this case involving a Freedom of Information Act (FOIA) request to obtain records pertaining to a misconduct investigation, summary judgment in favor of defendant is reversed, where: 1) with respect to redactions to witness statements made to an investigator by employees other than plaintiff, there was not enough information to assess whether defendant had properly redacted the documents pursuant to the FOIA personal privacy exemption; 2) with respect to redactions to administrative documents and reports created by the agency investigator, FOIA Exemption 6 did not justify non-disclosure of the documents and there was insufficient information to determine whether Exemption 5 applied; and 3) with respect to redaction of grievance-related documents and complaints made by employees other than plaintiff, the documents were properly withheld under Exemption 6.

Appellate Information

• Decided 09/09/2014
• Published 09/09/2014

Judges

• Kozinski

Court

• United States Ninth Circuit

Counsel