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

Clearinghouse coding complete

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 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 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.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4291888/parties/american-civil-liberties-union-of-michigan-v-federal-bureau-of/


Judge(s)

Zatkoff, Lawrence Paul (Michigan)

Attorneys(s) for Plaintiff

Borgsdorf, Stephen C. (Michigan)

Choudhury, Nusrat Jahan (New York)

Fancher, Mark P. (Michigan)

Shamsi, Hina (New York)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Sandberg, Justin Michael (District of Columbia)

Expert/Monitor/Master

Lievense, Andrew J (Michigan)

Judge(s)

Zatkoff, Lawrence Paul (Michigan)

Attorneys(s) for Plaintiff

Borgsdorf, Stephen C. (Michigan)

Choudhury, Nusrat Jahan (New York)

Fancher, Mark P. (Michigan)

Shamsi, Hina (New York)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Sandberg, Justin Michael (District of Columbia)

Expert/Monitor/Master

Lievense, Andrew J (Michigan)

Documents in the Clearinghouse

Document

Docket

American Civil Liberties Union of Michigan v. Federal Bureau of Investigation et al

Oct. 15, 2013 Docket
1

Complaint for Injunctive Relief

ACLU v. FBI

July 21, 2011 Complaint
35

Opinion and Order

ACLU v. FBI

2012 WL 4513626

Sept. 30, 2012 Order/Opinion
36

Order

ACLU v. FBI

Sept. 30, 2012 Order/Opinion
39

Order and Opinion

American Civil Liberties Union of Michigan v. FBI

U. S. Court of Appeals for the Sixth Circuit

734 F.3d 460

Aug. 21, 2013 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4291888/american-civil-liberties-union-of-michigan-v-federal-bureau-of/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

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)

July 21, 2011 RECAP
2

SUMMONS Issued for *Federal Bureau of Investigation* (TMcg) (Entered: 07/21/2011)

July 21, 2011 PACER
3

SUMMONS Issued for *United States Department of Justice* (TMcg) (Entered: 07/21/2011)

July 21, 2011 PACER
4

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (TMcg) (Entered: 07/21/2011)

July 21, 2011 PACER
5

CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of All Defendants. (Borgsdorf, Stephen) (Entered: 08/03/2011)

Aug. 3, 2011 PACER
6

CERTIFICATE OF SERVICE re 2 Summons Issued by American Civil Liberties Union of Michigan to the FBI (Borgsdorf, Stephen) (Entered: 08/12/2011)

Aug. 12, 2011 PACER
7

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)

Aug. 12, 2011 PACER
8

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)

Aug. 29, 2011 PACER
9

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)

Aug. 29, 2011 PACER
10

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)

Sept. 1, 2011 PACER
11

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)

Sept. 16, 2011 PACER
12

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)

Sept. 16, 2011 RECAP
13

ATTORNEY APPEARANCE: Andrew J. Lievense appearing on behalf of All Defendants (Lievense, Andrew) (Entered: 09/23/2011)

Sept. 23, 2011 PACER
14

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Borgsdorf, Stephen) (Entered: 09/29/2011)

Sept. 29, 2011 PACER
15

NOTICE of Appearance by Michael J. Steinberg on behalf of American Civil Liberties Union of Michigan. (Steinberg, Michael) (Entered: 10/05/2011)

Oct. 5, 2011 PACER
16

NOTICE of Appearance by Mark P. Fancher on behalf of American Civil Liberties Union of Michigan. (Fancher, Mark) (Entered: 10/05/2011)

Oct. 5, 2011 PACER
17

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)

Jan. 31, 2012 PACER
18

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

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Feb. 15, 2012 PACER
19

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

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2 Document Continuation

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3 Proposed order

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Feb. 17, 2012 PACER
20

ORDER granting 18 Motion for Leave to File Excess Pages. Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 02/24/2012)

Feb. 24, 2012 PACER
21

ORDER for Briefing Schedule and Document Production. Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 03/09/2012)

March 9, 2012 PACER
22

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

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April 5, 2012 PACER
23

ORDER granting 22 Motion for Leave to File Excess Pages. Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 04/06/2012)

April 6, 2012 PACER
24

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

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2 Exhibit 1-A

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3 Exhibit 1-B

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4 Exhibit 1-C(A)

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5 Exhibit 1-C(B)

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6 Exhibit 1-D

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7 Exhibit 1-E

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8 Exhibit 1-F

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9 Exhibit 1-G

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10 Exhibit 1-H

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11 Exhibit 1-I

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12 Exhibit 1-J

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13 Exhibit 1-K

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14 Exhibit 1-L

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15 Exhibit 1-M

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16 Exhibit 1-N

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17 Exhibit 2

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18 Exhibit 2-A

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19 Exhibit 2-B

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20 Exhibit 2-C

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21 Exhibit 2-D

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22 Exhibit 2-E(A)

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23 Exhibit 2-E(B)

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24 Exhibit 2-F

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25 Exhibit 2-G

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26 Exhibit 2-H

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27 Exhibit 2-I

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28 Exhibit 2-J

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29 Exhibit 3 - Proposed Order

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April 10, 2012 RECAP
25

Cross MOTION for Partial Summary Judgment by American Civil Liberties Union of Michigan. (Borgsdorf, Stephen) (Entered: 04/11/2012)

April 11, 2012 PACER
26

INDEX of Exhibits re 24 Cross MOTION for Partial Summary Judgment by American Civil Liberties Union of Michigan (Borgsdorf, Stephen) (Entered: 04/11/2012)

April 11, 2012 PACER
27

STIPULATION AND ORDER Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 05/23/2012)

May 23, 2012 PACER
28

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

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2 Exhibit

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3 Exhibit

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May 25, 2012 PACER
29

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)

May 25, 2012 PACER
30

MOTION Plaintiff's Motion To File An Enlarged Reply Brief by American Civil Liberties Union of Michigan. (Borgsdorf, Stephen) (Entered: 06/11/2012)

June 11, 2012 PACER
31

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)

June 14, 2012 PACER
32

ORDER granting 30 Motion to File Enlarged Brief. Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 06/15/2012)

June 15, 2012 PACER
33

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)

June 15, 2012 PACER
34

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)

June 15, 2012 PACER
35

ORDER granting 19 Motion for Summary Judgment; denying 25 Motion for Partial Summary Judgment. Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 09/30/2012)

Sept. 30, 2012 RECAP
36

JUDGMENT Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 09/30/2012)

Sept. 30, 2012 PACER
37

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)

Nov. 27, 2012 PACER
38

Certificate of Service re 37 Notice of Appeal. (KKra) (Entered: 11/27/2012)

Nov. 27, 2012 PACER
39

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)

Aug. 21, 2013 PACER
40

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)

Oct. 15, 2013 PACER

State / Territory: Michigan

Case Type(s):

Policing

Key Dates

Filing Date: July 21, 2011

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Michigan ACLU, non-profit non-partisan organization

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU of Michigan

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Bureau of Investigation, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Racial profiling

Records Disclosure

Discrimination-basis:

Race discrimination

Race:

Race, unspecified

Affected Gender:

Female

Male