Theron J. May v. Department of the Air Force and Verne Orr, Secretary of the Air Force, Individually and in His Official Capacity
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JOHNSON, Circuit Judge:
Lt. Colonel Theron C. May brought this suit against the Department of the Air Force for injunctive relief seeking disclosure of May’s “closed form” Promotion Recommendation Reports (Form 705). May sought disclosure of the Form 705 recommendations under both the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the Privacy Act, 5 U.S.C. § 552a. The trial court granted summary judgment in favor of the Air Force based on the trial court’s conclusion that: (1) the deliberative process privilege exempted May’s Form 705 recommendations from disclosure under the FOIA, 5…
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