Case: ACLU of Michigan v. FBI

2:11-cv-13154 | U.S. District Court for the Eastern District of Michigan

Filed Date: July 21, 2011

Closed Date: 2012

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Case Summary

On July 21, 2011, the ACLU of Michigan group filed a lawsuit in U.S. District Court Eastern District of Michigan under the Freedom of Information Act (FOIA) against the Federal Bureau of Investigation (FBI). The plaintiff asked the court for an injunction, claiming that the FBI was not timely in its response, and that information was improperly redacted from documents that were received. On July 27, 2010, the ACLU of Michigan submitted a FOIA request to the FBI requesting documents pertaining t…

On July 27, 2010, the ACLU of Michigan submitted a FOIA request to the FBI requesting documents pertaining to the use of race and ethnicity to conduct assessments and investigations. More than four months later on December 22, 2010, the FBI released the first batch of documents to the ACLU. The documents included duplicate pages that had been redacted and none were specific to Michigan or the Detroit Field Office. More documents were released on September 29, 2011 and October 31, 2011. The FBI claimed that the documents were released in a reasonable timeframe and that any information withheld was proper under exceptions to FOIA.

On September 30, 2012, the Court (Judge Lawrence P. Zatkoff) denied summary judgment for the ACLU and granted summary judgment for the FBI. The court found that the ACLU had not exhausted itsadministrative remedies and any information withheld by the FBI fell under the proper exceptions to FOIA.

On August 21, 2013, the United States Court of Appeals for the Sixth Circuit upheld the lower court's ruling. American Civil Liberties Union of Michigan v. F.B.I., 734 F.3d 460.


2:11-cv-13154	Docket American Civil Liberties Union of Michigan v. Federal Bureau of Investigation et al	Oct. 15, 2013	Oct. 15, 2013 Docket
1 2:11-cv-13154	Complaint for Injunctive Relief ACLU v. FBI	July 21, 2011	July 21, 2011 Complaint
35 2:11-cv-13154	Opinion and Order ACLU v. FBI	Sept. 30, 2012	Sept. 30, 2012 Order/Opinion 2012 WL 4513626
36 2:11-cv-13154	Order ACLU v. FBI	Sept. 30, 2012	Sept. 30, 2012 Order/Opinion
39 12-02536	Order and Opinion American Civil Liberties Union of Michigan v. FBI U.S. Court of Appeals for the Sixth Circuit	Aug. 21, 2013	Aug. 21, 2013 Order/Opinion 734 F.3d 460

ECF Number	Date	Description	Link
1	July 21, 2011	COMPLAINT for Injunctive Relief filed by American Civil Liberties Union of Michigan against Federal Bureau of Investigation, United States Department of Justice. Plaintiff requests summons issued. Receipt No: 0645-3078101 - Fee: $ 350. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - [Previously dismissed case: No] [Possible companion case(s): None] (Borgsdorf, Stephen) (Entered: 07/21/2011)	RECAP
2	July 21, 2011	SUMMONS Issued for Federal Bureau of Investigation (TMcg) (Entered: 07/21/2011)	RECAP
3	July 21, 2011	SUMMONS Issued for United States Department of Justice (TMcg) (Entered: 07/21/2011)	RECAP
4	July 21, 2011	SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (TMcg) (Entered: 07/21/2011)	RECAP
5	Aug. 3, 2011	CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of All Defendants. (Borgsdorf, Stephen) (Entered: 08/03/2011)	RECAP
6	Aug. 12, 2011	CERTIFICATE OF SERVICE re 2 Summons Issued by American Civil Liberties Union of Michigan to the FBI (Borgsdorf, Stephen) (Entered: 08/12/2011)	RECAP
7	Aug. 12, 2011	CERTIFICATE OF SERVICE re 4 Summons Issued for US Attorney/Attorney General by American Civil Liberties Union of Michigan to Attorney General Office (Borgsdorf, Stephen) (Entered: 08/12/2011)	RECAP
8	Aug. 29, 2011	NOTICE of Appearance by Justin M. Sandberg on behalf of Federal Bureau of Investigation, United States Department of Justice. (Sandberg, Justin) [INCORRECT CASE NUMBER ON DOCUMENT] Modified on 8/29/2011 (DSmi). (Entered: 08/29/2011)	RECAP
9	Aug. 29, 2011	ANSWER to Complaint by Federal Bureau of Investigation, United States Department of Justice. (Sandberg, Justin) [INCORRECT CASE NUMBER ON DOCUMENT] Modified on 8/29/2011 (DSmi). (Entered: 08/29/2011)	RECAP
10	Sept. 1, 2011	NOTICE TO APPEAR: Scheduling Conference set for 10/4/2011 09:30 AM before District Judge Lawrence P. Zatkoff IN PORT HURON (MVer) (Entered: 09/01/2011)	RECAP
11	Sept. 16, 2011	NOTICE of Appearance by Nusrat J. Choudhury - NOT SWORN on behalf of American Civil Liberties Union of Michigan. (Choudhury - NOT SWORN, Nusrat) (Entered: 09/16/2011)	RECAP
12	Sept. 16, 2011	NOTICE of Appearance by Hina Shamsi - NOT SWORN on behalf of American Civil Liberties Union of Michigan. (Shamsi - NOT SWORN, Hina) (Entered: 09/16/2011)	RECAP
13	Sept. 23, 2011	ATTORNEY APPEARANCE: Andrew J. Lievense appearing on behalf of All Defendants (Lievense, Andrew) (Entered: 09/23/2011)	RECAP
14	Sept. 29, 2011	DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Borgsdorf, Stephen) (Entered: 09/29/2011)	RECAP
	Oct. 4, 2011	Minute Entry - Scheduling Conference held on 10/4/2011 before District Judge Lawrence P. Zatkoff. Disposition: Conference is continued to February 9, 2012 at 9:30 a.m. in Port Huron. (MVer)
15	Oct. 5, 2011	NOTICE of Appearance by Michael J. Steinberg on behalf of American Civil Liberties Union of Michigan. (Steinberg, Michael) (Entered: 10/05/2011)	RECAP
16	Oct. 5, 2011	NOTICE of Appearance by Mark P. Fancher on behalf of American Civil Liberties Union of Michigan. (Fancher, Mark) (Entered: 10/05/2011)	RECAP
17	Jan. 31, 2012	STIPULATION AND ORDER ADJOURNING SCHEDULING CONFERENCE TO FEBRUARY 28, 2012 AT 9:30 A.M. IN PORT HURON Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 01/31/2012)	RECAP
18	Feb. 15, 2012	Ex Parte MOTION for Leave to File Excess Pages, Unopposed by Plaintiff, by Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Proposed Order) (Sandberg, Justin) (Entered: 02/15/2012) 1 Proposed Order View on PACER	RECAP
19	Feb. 17, 2012	MOTION for Summary Judgment by Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Exhibit, # 2 Document Continuation, # 3 Proposed order) (Sandberg, Justin) (Entered: 02/17/2012) 1 Exhibit View on PACER 2 Document Continuation View on PACER 3 Proposed order View on PACER	RECAP
20	Feb. 24, 2012	ORDER granting 18 Motion for Leave to File Excess Pages. Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 02/24/2012)	RECAP
	Feb. 28, 2012	Minute Entry - Scheduling Conference held on 2/28/2012 before District Judge Lawrence P. Zatkoff via telephone. (MVer)
21	March 9, 2012	ORDER for Briefing Schedule and Document Production. Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 03/09/2012)	RECAP
22	April 5, 2012	MOTION for Leave to File Excess Pages by American Civil Liberties Union of Michigan. (Attachments: # 1 Exhibit) (Borgsdorf, Stephen) (Entered: 04/05/2012) 1 Exhibit View on PACER	RECAP
23	April 6, 2012	ORDER granting 22 Motion for Leave to File Excess Pages. Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 04/06/2012)	RECAP
24	April 10, 2012	Cross MOTION for Partial Summary Judgment by American Civil Liberties Union of Michigan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Exhibit 1-C(A), # 5 Exhibit 1-C(B), # 6 Exhibit 1-D, # 7 Exhibit 1-E, # 8 Exhibit 1-F, # 9 Exhibit 1-G, # 10 Exhibit 1-H, # 11 Exhibit 1-I, # 12 Exhibit 1-J, # 13 Exhibit 1-K, # 14 Exhibit 1-L, # 15 Exhibit 1-M, # 16 Exhibit 1-N, # 17 Exhibit 2, # 18 Exhibit 2-A, # 19 Exhibit 2-B, # 20 Exhibit 2-C, # 21 Exhibit 2-D, # 22 Exhibit 2-E(A), # 23 Exhibit 2-E(B), # 24 Exhibit 2-F, # 25 Exhibit 2-G, # 26 Exhibit 2-H, # 27 Exhibit 2-I, # 28 Exhibit 2-J, # 29 Exhibit 3 - Proposed Order) (Borgsdorf, Stephen) Modified on 4/11/2012 (KKra). [DOCUMENT ENTITLED MEMORANDUM IN SUPPORT OF PLAINTIFF'S CROSS-MOTION] (Entered: 04/10/2012) 1 Exhibit 1 View on PACER 2 Exhibit 1-A View on PACER 3 Exhibit 1-B View on PACER 4 Exhibit 1-C(A) View on PACER 5 Exhibit 1-C(B) View on PACER 6 Exhibit 1-D View on PACER 7 Exhibit 1-E View on PACER 8 Exhibit 1-F View on PACER 9 Exhibit 1-G View on PACER 10 Exhibit 1-H View on PACER 11 Exhibit 1-I View on PACER 12 Exhibit 1-J View on PACER 13 Exhibit 1-K View on PACER 14 Exhibit 1-L View on PACER 15 Exhibit 1-M View on PACER 16 Exhibit 1-N View on PACER 17 Exhibit 2 View on PACER 18 Exhibit 2-A View on PACER 19 Exhibit 2-B View on PACER 20 Exhibit 2-C View on PACER 21 Exhibit 2-D View on PACER 22 Exhibit 2-E(A) View on PACER 23 Exhibit 2-E(B) View on PACER 24 Exhibit 2-F View on PACER 25 Exhibit 2-G View on PACER 26 Exhibit 2-H View on PACER 27 Exhibit 2-I View on PACER 28 Exhibit 2-J View on PACER 29 Exhibit 3 - Proposed Order View on PACER	RECAP
25	April 11, 2012	Cross MOTION for Partial Summary Judgment by American Civil Liberties Union of Michigan. (Borgsdorf, Stephen) (Entered: 04/11/2012)	RECAP
26	April 11, 2012	INDEX of Exhibits re 24 Cross MOTION for Partial Summary Judgment by American Civil Liberties Union of Michigan (Borgsdorf, Stephen) (Entered: 04/11/2012)	RECAP
27	May 23, 2012	STIPULATION AND ORDER Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 05/23/2012)	RECAP
28	May 25, 2012	RESPONSE to 24 Cross MOTION for Partial Summary Judgment, 19 MOTION for Summary Judgment Reply filed by Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit) (Sandberg, Justin) (Entered: 05/25/2012) 1 Index of Exhibits View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER	RECAP
29	May 25, 2012	NOTICE by Federal Bureau of Investigation, United States Department of Justice of filing of material ex parte and in camera (Sandberg, Justin) (Entered: 05/25/2012)	RECAP
30	June 11, 2012	MOTION Plaintiff's Motion To File An Enlarged Reply Brief by American Civil Liberties Union of Michigan. (Borgsdorf, Stephen) (Entered: 06/11/2012)	RECAP
31	June 14, 2012	RESPONSE to 28 Response to Motion, Corrected Memorandum In Support Of Plaintiff's Cross-Motion For Partial Summary Judgment And Opposition To Defendants' Motion For Summary Judgment by American Civil Liberties Union of Michigan. (Borgsdorf, Stephen) (Entered: 06/14/2012)	RECAP
32	June 15, 2012	ORDER granting 30 Motion to File Enlarged Brief. Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 06/15/2012)	RECAP
33	June 15, 2012	RESPONSE to 31 Response (Free), Response (Free) Amended Corrected Memorandum In Support Of Plaintiff's Cross-Motion For Partial Summary Judgment And Opposition To Defendants' Motion For Summary Judgment by American Civil Liberties Union of Michigan. (Borgsdorf, Stephen) (Entered: 06/15/2012)	RECAP
34	June 15, 2012	REPLY to 25 Cross MOTION for Partial Summary Judgment Reply Memorandum In Support Of Plaintiff's Cross-Motion For Partial Summary Judgment by American Civil Liberties Union of Michigan. (Borgsdorf, Stephen) (Entered: 06/15/2012)	RECAP
35	Sept. 30, 2012	ORDER granting 19 Motion for Summary Judgment; denying 25 Motion for Partial Summary Judgment. Signed by District Judge Lawrence P. Zatkoff. (MVer)	RECAP
36	Sept. 30, 2012	JUDGMENT Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 09/30/2012)	RECAP
37	Nov. 27, 2012	NOTICE OF APPEAL by American Civil Liberties Union of Michigan re 35 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment. Receipt No: 0645-3826816 - Fee: $ 455 - Fee Status: Fee Paid. (Borgsdorf, Stephen) (Entered: 11/27/2012)	RECAP
38	Nov. 27, 2012	Certificate of Service re 37 Notice of Appeal. (KKra) (Entered: 11/27/2012)	RECAP
39	Aug. 21, 2013	JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 37 Notice of Appeal filed by American Civil Liberties Union of Michigan - Disposition: the judgment of the district is affirmed. [Appeal Case Number 12-2536] (KKra) (Entered: 08/30/2013)	RECAP
40	Oct. 15, 2013	MANDATE from U.S. Court of Appeals - Sixth Circuit as to 37 Notice of Appeal filed by American Civil Liberties Union of Michigan [Appeal Case Number 12-2536] (KKra) (Entered: 10/18/2013)	RECAP

Case: ACLU of Michigan v. FBI

2:11-cv-13154 | U.S. District Court for the Eastern District of Michigan

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Docket for: American Civil Liberties Union of Michigan v. Federal Bureau of Investigation

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