Thomas J. Marzen v. Department of Health and Human Services
Court of Appeals for the Seventh Circuit
1Opinion of the Court
BAUER, Chief Judge.
The question presented is whether the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, requires the defendants to disclose four records from an investigation conducted by the Office for Civil Rights (“OCR”) of the Department of Health and Human Services (“HHS”) into possible discrimination against “Infant Doe”, a child born in Bloomington, Indiana with Down’s syndrome and a blocked esophagus. Resolution of this question depends on whether the records are exempt within the meaning of Exemptions 5, 6, 7(A) and 7(C) of FOIA. The district court held that the documents may…
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