Case: Poitras v. Department of Homeland Security

1:15-cv-01091 | U.S. District Court for the District of District of Columbia

Filed Date: July 13, 2015

Closed Date: April 11, 2019

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Case Summary

On July 13, 2015, Laura Poitras, a documentary film-maker and journalist who focused on post-9/11 United States, filed this suit in the U.S. District Court for the District of Columbia under the Freedom of Information Act (FOIA). Poitras alleged that the U.S. Department of Homeland Security, the U.S. Department of Justice, and the Office of the Director of National Intelligence improperly withheld documents requested under FOIA relating to the systematic, targeted treatment experienced by the p…

During this time period, Poitras claimed to have been detained and questioned on every re-entrance into the U.S. after traveling internationally and further alleged that she was subjected to Secondary Security Screening Selection (increased security selection) on some domestic flights. According to the complaint, the treatment stemmed from the plaintiff's journalistic and documentary work, which documented and examined U.S. security and military conduct post-9/11. Specifically, she alleged that the pattern of airport detainment, questioning, and increased security screening began with the plaintiff's promotion of her documentary "My Country, My Country" (2006) in July 2006 and continued until a fellow journalist reported on the repeated detainments in April 2012. The documentary was about the U.S. military occupation of Iraq.

On January 24, 2014, Poitras filed FOIA requests with the defendants and constituent agencies requesting all agency records pertaining to the plaintiff. When the defendants did not comply, the plaintiff filed this lawsuit seeking injunctive relief compelling the defendants to respond to the FOIA requests.

On September 18, 2015, the court ordered the parties to confer and file a joint proposed schedule for briefing or disclosure. The parties filed a joint status report on October 1, 2015, agreeing that the defendants would begin producing non-exempt records requested by November 13, 2015.

After about a year of various releases, preliminary motions, and time extensions, the defendants filed a motion for summary judgment in June 2016. The plaintiff filed a cross-motion for summary judgment in two months later.

On March 21, 2017, the court denied without prejudice the plaintiff's cross-motion and granted in part and denied in part without prejudice the defendants' motion for summary judgment. The court found that general declarations about categories of withholdings in support of the defendants' invoked FOIA exemptions were insufficient to allow the court to determine whether such exemptions were properly invoked. Because of this, the court ordered the parties to file a proposed schedule with due dates for (1) a Vaughn Index of the FBI's withholdings and (2) renewed motions for summary judgment for remaining issues.

In July 2017, the defendants filed their second motion for summary judgment, followed shortly by the plaintiff's second cross-motion. The briefing schedule was temporarily suspended in the fall of 2017 after the FBI identified additional documents that were unintentionally withheld and the plaintiff was given the opportunity to review those records to determine any challenges against the new FBI withholdings. A new briefing schedule was adopted in October.

On October 24, 2017, the case was reassigned to Chief Judge Beryl A. Howell.

Chief Judge Howell granted the defendants’ second motion for summary judgment and denied the plaintiff’s second cross-motion for summary judgment on March 29, 2018, finding that the FBI’s withholdings were appropriate under exemptions 5 and 7 of FOIA, and that Customs and Border Patrol’s search of the New York field office was adequate. Additionally, the court held that both the FBI and the CBP satisfied their segregability obligations. 303 F.Supp.3d 136.

On October 1, 2018, Poitras moved for an award of $63,130 in attorneys’ fees and costs as a substantially prevailing party. Six months later, the court denied her motion for an award of attorneys’ fees, finding that the plaintiff's purpose of the FOIA request was self-interested and that the defendants' reasons for withholding were reasonable. 2019 WL 1569561.

	Document
1:15-cv-01091	Docket [PACER]	April 11, 2019	April 11, 2019 Docket
1 1:15-cv-01091	Complaint for Injunctive Relief	July 13, 2015	July 13, 2015 Complaint
22 1:15-cv-01091	Order Denying Motions for Summary Judgment Without Prejudice and Requiring Submission of a Vaughn Index	March 31, 2017	March 31, 2017 Order/Opinion 2017 WL 7053929
37 1:15-cv-01091	Memorandum Opinion	March 29, 2018	March 29, 2018 Order/Opinion 303 F.Supp.3d 136
52 1:15-cv-01091	Memorandum Opinion	April 11, 2019	April 11, 2019 Order/Opinion 2019 WL 1569561

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Injunctive Relief against DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE ( Filing fee $ 400 receipt number 0090-4172989) filed by LAURA POITRAS . (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Sobel, David) Modified on 7/13/2015 to correct plaintiff(jf). (Entered: 07/13/2015) 1 Civil Cover Sheet View on RECAP 2 Summons View on RECAP 3 Summons View on RECAP 4 Summons View on RECAP 5 Summons View on RECAP 6 Summons View on RECAP	July 13, 2015	July 13, 2015 RECAP
	Case Assigned/Reassigned	July 13, 2015	July 13, 2015 PACER
	Case Assigned to Judge Ketanji Brown Jackson. (sth)	July 13, 2015	July 13, 2015 PACER
2	SUMMONS (5) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(sth) (Entered: 07/13/2015)	July 13, 2015	July 13, 2015 PACER
3	GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives; failure to conform to this Order may, when appropriate, result in the imposition of sanctions. Signed by Judge Ketanji Brown Jackson on 07/17/2015. (lckbj1) (Entered: 07/17/2015)	July 17, 2015	July 17, 2015 PACER
4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 7/20/2015; DEPARTMENT OF JUSTICE served on 7/20/2015; OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE served on 7/20/2015 (Sobel, David) (Entered: 07/22/2015)	July 22, 2015	July 22, 2015 RECAP
5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/20/2015. (Sobel, David) (Entered: 07/22/2015)	July 22, 2015	July 22, 2015 PACER
6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/20/2015. Answer due for ALL FEDERAL DEFENDANTS by 8/19/2015. (Sobel, David) (Entered: 07/22/2015)	July 22, 2015	July 22, 2015 PACER
7	ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.(Singer, Sam) (Entered: 08/19/2015)	Aug. 19, 2015	Aug. 19, 2015 PACER
	MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, by 10/2/2015. Signed by Judge Ketanji Brown Jackson on 09/18/2015. (lckbj1)	Sept. 18, 2015	Sept. 18, 2015 PACER
	~Util - Set/Reset Deadlines AND .Order	Sept. 18, 2015	Sept. 18, 2015 PACER
8	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Singer, Sam) (Entered: 10/01/2015)	Oct. 1, 2015	Oct. 1, 2015 PACER
	MINUTE ORDER. Based on the representations made in the parties' 8 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 11/16/2015, which shall include a proposed schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 10/22/2015. (lckbj1)	Oct. 22, 2015	Oct. 22, 2015 PACER
	~Util - Set/Reset Deadlines AND .Order	Oct. 22, 2015	Oct. 22, 2015 PACER
9	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Singer, Sam) (Entered: 11/16/2015)	Nov. 16, 2015	Nov. 16, 2015 PACER
	MINUTE ORDER. Based on the representations made in the parties' 9 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 2/15/2016, which shall include a proposed schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 11/18/2015. (lckbj1)	Nov. 18, 2015	Nov. 18, 2015 PACER
	~Util - Set/Reset Deadlines AND .Order	Nov. 18, 2015	Nov. 18, 2015 PACER
10	Joint STATUS REPORT (third) by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Singer, Sam) (Entered: 02/16/2016)	Feb. 16, 2016	Feb. 16, 2016 PACER
	MINUTE ORDER. Based on the representations made in the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 3/15/2016, which shall include a proposed schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 2/18/2016. (lckbj1)	Feb. 18, 2016	Feb. 18, 2016 PACER
	~Util - Set/Reset Deadlines AND .Order	Feb. 18, 2016	Feb. 18, 2016 PACER
11	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Singer, Sam) (Entered: 03/15/2016)	March 15, 2016	March 15, 2016 PACER
	MINUTE ORDER. Based on the representations in the parties' 11 Joint Status Report, it is hereby ORDERED that the following briefing schedule for dispositive motions is set in this matter: Defendant's Motion for Summary Judgment is due by 6/6/2016. Plaintiff's Consolidated Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment is due by 7/18/2016. Plaintiff's Consolidated Reply in Support of its Motion for Summary Judgment and Opposition to Defendant's Cross Motion for Summary Judgment is due by 8/8/2016. Plaintiff's Reply in Support of its Cross Motion for Summary Judgment is due by 8/29/2016. Signed by Judge Ketanji Brown Jackson on 03/20/2016. (lckbj1)	March 20, 2016	March 20, 2016 PACER
	~Util - Set/Reset Deadlines AND .Order	March 20, 2016	March 20, 2016 PACER
12	Unopposed MOTION for Extension of Time to submit ex parte, in camera declaration in support of Defendants' motion for summary judgment by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Singer, Sam) (Entered: 06/06/2016)	June 6, 2016	June 6, 2016 PACER
13	ENTERED IN ERROR.....MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Singer, Sam) Modified on 6/7/2016 (jf). (Entered: 06/06/2016)	June 6, 2016	June 6, 2016 PACER
14	MOTION for Summary Judgment (Memorandum in Support) by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Declaration Hardy Declaration (FBI), # 2 Declaration Hudson Declaration (ODNI), # 3 Declaration Burroughs Declaration (CBP), # 4 Declaration McCoy Declaration (TSA), # 5 Declaration Blair Declaration (TSA), # 6 Declaration Eggleston Declaration (USCIS), # 7 Declaration Pineiro Declaration (ICE), # 8 Declaration Tyrrell Declaration (DHS), # 9 Statement of Facts)(Singer, Sam) (Main Document 14 replaced on 6/7/2016) (jf). (Entered: 06/06/2016) 1 Declaration Hardy Declaration (FBI) View on RECAP 2 Declaration Hudson Declaration (ODNI) View on RECAP 3 Declaration Burroughs Declaration (CBP) View on RECAP 4 Declaration McCoy Declaration (TSA) View on RECAP 5 Declaration Blair Declaration (TSA) View on PACER 6 Declaration Eggleston Declaration (USCIS) View on RECAP 7 Declaration Pineiro Declaration (ICE) View on RECAP 8 Declaration Tyrrell Declaration (DHS) View on RECAP 9 Statement of Facts View on PACER	June 6, 2016	June 6, 2016 RECAP
	NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 13 MOTION for Summary Judgment was entered in error and combined with entry 14 . (jf)	June 7, 2016	June 7, 2016 PACER
	Notice of Corrected Docket Entry	June 7, 2016	June 7, 2016 PACER
	Set/Reset Deadlines AND Order on Motion for Extension of Time to	June 7, 2016	June 7, 2016 PACER
15	NOTICE of Lodging of Classified Declaration by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 14 MOTION for Summary Judgment (Memorandum in Support) (Singer, Sam) (Entered: 06/07/2016)	June 7, 2016	June 7, 2016 PACER
	MINUTE ORDER granting 12 Consent Motion for Extension of Time to File Declaration, nunc pro tunc. Defendants' declaration shall be filed on or before 6/7/2016. Signed by Judge Ketanji Brown Jackson on 06/07/2016. (lckbj1)	June 7, 2016	June 7, 2016 PACER
16	Consent MOTION for Briefing Schedule to be Revised by LAURA POITRAS (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 06/30/2016)	June 30, 2016	June 30, 2016 PACER
	MINUTE ORDER granting, for good cause shown, 16 Consent Motion to Revise Briefing Schedule. It is hereby ORDERED that the briefing schedule for dispositive motions in this matter is amended as follows: Plaintiff's Consolidated Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment is due on or before 8/24/2016. Defendants' Consolidated Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment is due on or before 9/26/2016. Plaintiff's Reply in Support of its Cross-Motion for Summary Judgment is due on or before 10/17/2016. Absent extraordinary and unexpected circumstances, no further extensions with respect to Plaintiff's Consolidated Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment will be granted. Signed by Judge Ketanji Brown Jackson on 7/1/2016. (lckbj1)	July 1, 2016	July 1, 2016 PACER
	Set/Reset Deadlines AND Order on Motion for Briefing Schedule	July 1, 2016	July 1, 2016 PACER
17	Memorandum in opposition to re 14 MOTION for Summary Judgment (Memorandum in Support) filed by LAURA POITRAS. (Attachments: # 1 Exhibit A, # 2 Declaration of Laura Poitras, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sobel, David) (Entered: 08/24/2016)	Aug. 24, 2016	Aug. 24, 2016 PACER
18	Cross MOTION for Summary Judgment by LAURA POITRAS (Attachments: # 1 Exhibit A, # 2 Declaration of Laura Poitras, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sobel, David) (Entered: 08/24/2016) 1 Exhibit A View on PACER 2 Declaration of Laura Poitras View on RECAP 3 Statement of Facts View on PACER 4 Text of Proposed Order View on PACER	Aug. 24, 2016	Aug. 24, 2016 RECAP
19	Memorandum in opposition to re 18 Cross MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Declaration Second Declaration of David M. Hardy, # 2 Statement of Facts Response to Plaintiff's Statement of Material Facts)(Singer, Sam) (Entered: 09/26/2016)	Sept. 26, 2016	Sept. 26, 2016 PACER
20	REPLY to opposition to motion re 14 MOTION for Summary Judgment (Memorandum in Support) filed by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Declaration Second Declaration of David M. Hardy, # 2 Statement of Facts Response to Plaintiff's Statement of Facts)(Singer, Sam) (Entered: 09/26/2016)	Sept. 26, 2016	Sept. 26, 2016 PACER
21	REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment filed by LAURA POITRAS. (Attachments: # 1 Exhibit A)(Sobel, David) (Entered: 10/17/2016)	Oct. 17, 2016	Oct. 17, 2016 PACER
22	ORDER GRANTING in part and DENYING in part without prejudice Defendants' 14 Motion for Summary Judgment; DENYING without prejudice Plaintiff's 18 Motion for Summary Judgment; and requiring the parties to submit, on or before 4/25/2017, a proposed schedule for submission of a revised Vaughn Index or supplemental declaration and renewed cross-motions for summary judgment. See attached Order for details. Signed by Judge Ketanji Brown Jackson on 03/31/2017. (lckbj1) (Entered: 03/31/2017)	March 31, 2017	March 31, 2017 RECAP

Case: Poitras v. Department of Homeland Security

1:15-cv-01091 | U.S. District Court for the District of District of Columbia

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