Legal Opinion

NKIHTAQMIKON v. Bureau of Indian Affairs

District Court, D. Maine

Decided December 2, 2009No. CV-05-188-B-WPublishedCited by 6 opinions

1Opinion of the Court

SECOND ORDER ON PLAINTIFF’S REQUEST FOR RELIEF

JOHN A. WOODCOCK, JR., Chief Judge.

In this long-pending Freedom of Information Act (FOIA) litigation, the Court concludes that by failing to timely identify documents responsive to FOIA requests, the Bureau of Indian Affairs (BIA) violated FOIA, and the Court orders the Solicitor of the Department of the Interior (DOI) or her designee to certify that no previously unidentified FOIA-susceptible records exist within the agency. The Court allows the Plaintiffs attorney to petition for attorney’s fees and costs, but only for legal services upon which…

2Cases cited28 opinions

  1. Department of the Air Force v. RoseSupreme Court of the United States · 1976
  2. United States Department of Justice v. Tax AnalystsSupreme Court of the United States · 1989
  3. Harold Weisberg v. U.S. Department of Justice, (Two Cases). Harold Weisberg v. U.S. Department of Justice. (Two Cases)Court of Appeals for the D.C. Circuit · 1984
  4. The Nation Magazine, Washington Bureau, and Max Holland v. United States Customs ServiceCourt of Appeals for the D.C. Circuit · 1995
  5. Payne Enterprises, Inc. v. United States of AmericaCourt of Appeals for the D.C. Circuit · 1988

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3Cited by6 opinions

  1. American Center for Law and Justice v. United States Department of StateDistrict Court, District of Columbia · 2017
  2. Bloomgarden v. United States Department of JusticeDistrict Court, District of Columbia · 2017
  3. Navigators Insurance v. Department of JusticeDistrict Court, D. Connecticut · 2016
  4. People for the Ethical Treatment of Animals, Inc. v. Bureau of Indian AffairsDistrict Court, District of Columbia · 2011
  5. Nkihtaqmikon v. Bureau of Indian AffairsDistrict Court, D. Maine · 2010

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